Illinois Warranty Deed
Illinois warranty deed form and requirements: convey and warrant covenants, county recorder recording, real estate transfer tax. Attorney review available.
Introduction
Illinois writes a true statutory general warranty deed into the Conveyances Act: under 765 ILCS 5/9 the words convey and warrant give the buyer the seller's guarantee to defend the title against all persons, plus covenants of an indefeasible fee simple and freedom from encumbrances. That title guarantee is what separates it from a quitclaim deed, which promises nothing and only passes whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property; a special or limited warranty deed covers only problems created during the seller's own ownership. Illinois is one of the states that codifies a true statutory general warranty deed. Under Section 9 of the Conveyances Act (765 ILCS 5/9) the operative words convey and warrant carry three covenants: that the grantor was lawfully seized of an indefeasible estate in fee simple with full power to convey, that the property was free from all encumbrances, and that the grantor warrants quiet possession and will defend the title against all persons who may lawfully claim it. Illinois also recognizes a narrower covenant of grant, bargain and sell (765 ILCS 5/8) that defends only against claims arising under the grantor, which functions like a special warranty. You record the signed, notarized deed with the county recorder of the county where the property sits (765 ILCS 5/28). DocDraft builds your Illinois deed from your facts, with attorney review available before you record.
Key Things to Know
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A warranty deed gives the buyer the strongest title protection. In Illinois the statutory words convey and warrant (765 ILCS 5/9) carry that promise: the seller guarantees an indefeasible fee simple and will defend the title against all lawful claims.
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Illinois codifies a statutory general warranty deed. Under 765 ILCS 5/9 the operative words convey and warrant carry three covenants: that the grantor held an indefeasible estate in fee simple with full power to convey, that the property was free from all encumbrances, and that the grantor will warrant and defend the title against all persons who may lawfully claim it.
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For a narrower guarantee, Illinois recognizes the covenant of grant, bargain and sell (765 ILCS 5/8), which defends only against claims arising under the grantor. That functions like a special or limited warranty, while a quitclaim deed gives no covenants at all.
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You record the signed deed with the county recorder of the county where the property is located (765 ILCS 5/28). In counties under 60,000 people the county clerk serves as the recorder (55 ILCS 5/3-5001). A recorded deed takes effect as to later purchasers and creditors without notice from the time it is filed, so record promptly (765 ILCS 5/30).
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The grantor's signature must be acknowledged before a notary public before the deed can be recorded (765 ILCS 5/1; 765 ILCS 5/35c). Illinois does not require subscribing witnesses for a deed.
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Illinois charges a real estate transfer tax of 0.50 dollars for each 500 dollars of value (35 ILCS 200/31-10), and a county may add 0.25 dollars for each 500 dollars (55 ILCS 5/5-1031). A PTAX-203 declaration, or an exemption notation, must accompany the deed at recording or within 3 business days (35 ILCS 200/31-25).
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Illinois is not a community property state. If the property is homestead, any release, waiver, or conveyance of the homestead must be in writing and signed by the individual and their spouse, unless the conveyance is from one spouse to the other (735 ILCS 5/12-904).
Key decisions before you file
Before you file a Warranty Deed in Illinois, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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Once your Warranty Deed is ready, you can check whether it needs to be notarized in Illinois in about a minute, and notarize it online through DocDraft if it does.
Illinois Requirements for Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. Illinois codifies a statutory general warranty deed whose operative words convey and warrant carry three covenants (765 ILCS 5/9): that the grantor was lawfully seized of an indefeasible estate in fee simple with power to convey; that the premises were free from all encumbrances; and that the grantor warrants quiet possession and will defend the title against all persons who may lawfully claim it, including defects predating the grantor.
Illinois codifies a statutory short-form general warranty deed in which the operative words are convey and warrant (765 ILCS 5/9). Illinois is not a grant-deed state. A quitclaim deed uses convey and quit claim (765 ILCS 5/10) and passes only the grantor's then existing rights with no covenants. Use the warranty form when the buyer needs a full title guarantee.
Record the signed, notarized deed with the county recorder of the county in which the real estate is situated (765 ILCS 5/28). In counties with fewer than 60,000 people the county clerk serves as the recorder (55 ILCS 5/3-5001). A recorded deed takes effect as to later purchasers and creditors without notice from the time it is filed (765 ILCS 5/30), so record promptly to protect your interest.
The deed must be signed by the grantor (765 ILCS 5/1), and before recording the signature must be acknowledged before a notary public or another officer authorized under the Conveyances Act (765 ILCS 5/35c). Illinois does not require subscribing witnesses for a deed, so a proper notarial acknowledgment is the recording path.
Illinois imposes a state real estate transfer tax of 0.50 dollars for each 500 dollars of value (35 ILCS 200/31-10), and a county may add 0.25 dollars for each 500 dollars (55 ILCS 5/5-1031). A PTAX-203 Real Estate Transfer Declaration, or an exemption notation on the deed, must be presented at recording or within 3 business days (35 ILCS 200/31-25). Transfers under 100 dollars of consideration can be exempt (35 ILCS 200/31-45).
Identify the grantor and grantee, state the consideration, and include the full legal description of the property (not just the street address or PIN). The name and address of the deed's preparer must appear on the instrument (55 ILCS 5/3-5022), and the name and address for subsequent tax bills must be endorsed on it (765 ILCS 5/35c). Confirm the legal description against the current vesting deed.
Illinois is not a community property state. If the property is homestead, any release, waiver, or conveyance of the homestead is not valid unless it is in writing and signed by the individual and their spouse, with an exception for a conveyance from one spouse to the other (735 ILCS 5/12-904). Include a homestead release and the spouse's signature when the property is a homestead.
Choose the deed to match the protection intended. A general warranty deed (convey and warrant, 765 ILCS 5/9) defends against all lawful claims, including those predating the grantor. A special or limited warranty, given through grant, bargain and sell (765 ILCS 5/8), defends only against claims arising under the grantor. A quitclaim (765 ILCS 5/10) gives no covenants. The reason for the transfer usually points to the right one.
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Check my Warranty DeedFrequently Asked Questions
A warranty deed guarantees the seller holds clear title and will defend the buyer against claims to the property. A quitclaim deed makes no promises at all; it passes only whatever interest the seller actually has. Illinois codifies both forms in the Conveyances Act: the general warranty deed uses the words convey and warrant and carries the covenants of 765 ILCS 5/9, while the quitclaim deed uses convey and quit claim (765 ILCS 5/10) and passes only the grantor's then existing rights with no covenants.
Under 765 ILCS 5/9 a general warranty deed made with the words convey and warrant carries three covenants: that the grantor was lawfully seized of an indefeasible estate in fee simple and had good right and full power to convey it, that the property was then free from all encumbrances, and that the grantor warrants the grantee quiet and peaceable possession and will defend the title against all persons who may lawfully claim it. That defense reaches title defects predating the grantor, which is what makes it a general warranty.
Illinois uses a warranty deed, not a grant deed. It codifies a statutory general warranty deed at 765 ILCS 5/9, where the operative words are convey and warrant. Illinois also codifies a quitclaim deed (765 ILCS 5/10) and gives covenant effect to the words grant, bargain and sell (765 ILCS 5/8), which acts as a special or limited warranty. The grant deed used in states such as California is not the Illinois form.
You record the signed, notarized deed with the county recorder of the county where the property is located (765 ILCS 5/28). In counties with fewer than 60,000 people the county clerk serves as the recorder (55 ILCS 5/3-5001). A recorded deed takes effect as to later purchasers and creditors without notice from the time it is filed, so recording promptly protects your interest (765 ILCS 5/30). A PTAX-203 transfer declaration, or an exemption notation, must accompany the deed (35 ILCS 200/31-25).
Illinois does not require an attorney to prepare or record a deed; an individual may prepare and record their own warranty deed. Because a deed transfers title and a mistake in the legal description, the covenants, or the homestead release can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your Illinois deed from your facts, with attorney review available as an option before you record.
It must be notarized. Before an Illinois deed can be recorded, the grantor's signature has to be acknowledged before a notary public or another officer authorized under the Conveyances Act (765 ILCS 5/1; 765 ILCS 5/35c). Illinois does not require subscribing witnesses for a deed, so a proper notarial acknowledgment is what allows the county recorder to record it.
Usually yes when the property is sold. Illinois imposes a state real estate transfer tax of 0.50 dollars for each 500 dollars of value (35 ILCS 200/31-10), and a county may add 0.25 dollars for each 500 dollars (55 ILCS 5/5-1031); some home-rule municipalities add their own. A PTAX-203 declaration, or an exemption notation, must accompany the deed at recording (35 ILCS 200/31-25). Transfers where the consideration is less than 100 dollars can be exempt (35 ILCS 200/31-45).
A general warranty deed under 765 ILCS 5/9 (convey and warrant) defends the buyer against all lawful claims, including defects that arose before the grantor owned the property. A special or limited warranty, given in Illinois through the covenant of grant, bargain and sell (765 ILCS 5/8), defends only against claims arising under the grantor and none other. A quitclaim deed (765 ILCS 5/10) gives no covenants. The level of protection intended points to the right instrument.