Quitclaim Deeds and Transferring Property in Illinois
How to sign and record a quitclaim or other deed in Illinois, and whether you can use a transfer-on-death deed to avoid probate.
Short answer: A deed must be in writing and signed by the grantor, who must be of full age and sound mind. Deeds may be acknowledged before a notary public (with official seal) or other listed officer. 765 ILCS 5/1, 5/20; 35 ILCS 200/31-10
| Signing and recording a deed | A deed must be in writing and signed by the grantor, who must be of full age and sound mind. Deeds may be acknowledged before a notary public (with official seal) or other listed officer. Illinois imposes a state real estate transfer tax of 50 cents per $500 of value, based on the transfer declaration that must be filed with the transfer. Some counties and cities add their own transfer taxes, and some transfers are exempt; check with the county recorder. |
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| Transfer-on-death deed | Yes. Illinois allows a transfer on death instrument for real estate. It must have the formalities of a recordable deed (consideration and beneficiary addresses not required), state that the transfer occurs at the owner's death, be signed by the owner, be attested in writing by at least two credible witnesses, be acknowledged before a notary along with the witnesses' signatures, and be recorded with the county recorder before the owner's death. A transfer on death instrument that is not witnessed by two credible witnesses is void. |
Free Illinois quitclaim deed template — fill in and print
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FAQ
What does a quitclaim deed need to be valid in Illinois?
A deed must be in writing and signed by the grantor, who must be of full age and sound mind. Deeds may be acknowledged before a notary public (with official seal) or other listed officer. Illinois imposes a state real estate transfer tax of 50 cents per $500 of value, based on the transfer declaration that must be filed with the transfer.
Does Illinois allow transfer-on-death deeds?
Yes. Illinois allows a transfer on death instrument for real estate. It must have the formalities of a recordable deed (consideration and beneficiary addresses not required), state that the transfer occurs at the owner's death, be signed by the owner, be attested in writing by at least two credible witnesses, be acknowledged before a notary along with the witnesses' signatures, and be recorded with the county recorder before the owner's death. A transfer on death instrument that is not witnessed by two credible witnesses is void.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.