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Transfer-on-death deeds in Illinois

What Illinois’s own law and official pages say about transfer-on-death deeds: what the state calls the instrument, what it must say, how it is signed and recorded, and what happens at the owner’s death. Nothing on this page decides whether a deed suits a particular home or family, or how one should be written. That belongs to an attorney in Illinois.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 17, 2026

Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

The transfer-on-death instrument: recording, witnesses, and the notice after a death

An owner may transfer real property by a transfer on death instrument to one or more beneficiaries in any form of ownership valid under State law, concurrent or successive, absolute or conditional, contingent or vested, effective at the owner's death.

(3) must be recorded before the owner's death in the public records in the office of the recorder of the county or counties in which any part of the real property is located. (b) The failure to comply with any of the requirements of subsection (a) will render the transfer on death instrument void and ineffective to transfer title to the real property at the owner's death.

(a) Every transfer on death instrument shall be signed by the owner or by some person in his or her presence and by his or her direction, and shall be attested in writing by 2 or more credible witnesses, and the signatures of the witnesses along with the owner's signature shall be acknowledged in front of a notary public.

Any beneficiary who takes under a transfer on death instrument may file in the office of the recorder in the county or counties where the real property is located a notice of death affidavit to confirm title following the death of the owner.

Illinois · general information · checked October 17, 2026 · 755 ILCS 27/20, 27/40, 27/45, 27/75

One county clerk’s form: witnesses, the tax line, and what the staff may not do

WITNESS DECLARATION – THIS SECTION IS TO BE ATTESTED TO AND SIGNED IN THE PRESENCE OF THE OWNER/OWNERS, ALL WITNESSES, AND A NOTARY PUBLIC:

(THIS INSTRUMENT IS EXEMPT PURSUANT TO § 35 ILCS 200/31-45, PARA E, PROPERTY TAX CODE)

COOK COUNTY CLERK’S OFFICE STAFF MAY NOT assist you with the preparation of this, or any legal document.

Illinois · general information · checked October 17, 2026 · Cook County Clerk

FAQ

Common questions

An owner may transfer real property by a transfer on death instrument to one or more beneficiaries in any form of ownership valid under State law, concurrent or successive, absolute or conditional, contingent or vested, effective at the owner's death.

(3) must be recorded before the owner's death in the public records in the office of the recorder of the county or counties in which any part of the real property is located. (b) The failure to comply with any of the requirements of subsection (a) will render the transfer on death instrument void and ineffective to transfer title to the real property at the owner's death.

(a) Every transfer on death instrument shall be signed by the owner or by some person in his or her presence and by his or her direction, and shall be attested in writing by 2 or more credible witnesses, and the signatures of the witnesses along with the owner's signature shall be acknowledged in front of a notary public.

Any beneficiary who takes under a transfer on death instrument may file in the office of the recorder in the county or counties where the real property is located a notice of death affidavit to confirm title following the death of the owner.

Illinois · general information · checked October 17, 2026 · 755 ILCS 27/20, 27/40, 27/45, 27/75

An owner may transfer real property by a transfer on death instrument to one or more beneficiaries in any form of ownership valid under State law, concurrent or successive, absolute or conditional, contingent or vested, effective at the owner's death.

(3) must be recorded before the owner's death in the public records in the office of the recorder of the county or counties in which any part of the real property is located. (b) The failure to comply with any of the requirements of subsection (a) will render the transfer on death instrument void and ineffective to transfer title to the real property at the owner's death.

(a) Every transfer on death instrument shall be signed by the owner or by some person in his or her presence and by his or her direction, and shall be attested in writing by 2 or more credible witnesses, and the signatures of the witnesses along with the owner's signature shall be acknowledged in front of a notary public.

Any beneficiary who takes under a transfer on death instrument may file in the office of the recorder in the county or counties where the real property is located a notice of death affidavit to confirm title following the death of the owner.

Illinois · general information · checked October 17, 2026 · 755 ILCS 27/20, 27/40, 27/45, 27/75

WITNESS DECLARATION – THIS SECTION IS TO BE ATTESTED TO AND SIGNED IN THE PRESENCE OF THE OWNER/OWNERS, ALL WITNESSES, AND A NOTARY PUBLIC:

(THIS INSTRUMENT IS EXEMPT PURSUANT TO § 35 ILCS 200/31-45, PARA E, PROPERTY TAX CODE)

COOK COUNTY CLERK’S OFFICE STAFF MAY NOT assist you with the preparation of this, or any legal document.

Illinois · general information · checked October 17, 2026 · Cook County Clerk

An owner may transfer real property by a transfer on death instrument to one or more beneficiaries in any form of ownership valid under State law, concurrent or successive, absolute or conditional, contingent or vested, effective at the owner's death.

(3) must be recorded before the owner's death in the public records in the office of the recorder of the county or counties in which any part of the real property is located. (b) The failure to comply with any of the requirements of subsection (a) will render the transfer on death instrument void and ineffective to transfer title to the real property at the owner's death.

(a) Every transfer on death instrument shall be signed by the owner or by some person in his or her presence and by his or her direction, and shall be attested in writing by 2 or more credible witnesses, and the signatures of the witnesses along with the owner's signature shall be acknowledged in front of a notary public.

Any beneficiary who takes under a transfer on death instrument may file in the office of the recorder in the county or counties where the real property is located a notice of death affidavit to confirm title following the death of the owner.

Illinois · general information · checked October 17, 2026 · 755 ILCS 27/20, 27/40, 27/45, 27/75

An owner may transfer real property by a transfer on death instrument to one or more beneficiaries in any form of ownership valid under State law, concurrent or successive, absolute or conditional, contingent or vested, effective at the owner's death.

(3) must be recorded before the owner's death in the public records in the office of the recorder of the county or counties in which any part of the real property is located. (b) The failure to comply with any of the requirements of subsection (a) will render the transfer on death instrument void and ineffective to transfer title to the real property at the owner's death.

(a) Every transfer on death instrument shall be signed by the owner or by some person in his or her presence and by his or her direction, and shall be attested in writing by 2 or more credible witnesses, and the signatures of the witnesses along with the owner's signature shall be acknowledged in front of a notary public.

Any beneficiary who takes under a transfer on death instrument may file in the office of the recorder in the county or counties where the real property is located a notice of death affidavit to confirm title following the death of the owner.

Illinois · general information · checked October 17, 2026 · 755 ILCS 27/20, 27/40, 27/45, 27/75

WITNESS DECLARATION – THIS SECTION IS TO BE ATTESTED TO AND SIGNED IN THE PRESENCE OF THE OWNER/OWNERS, ALL WITNESSES, AND A NOTARY PUBLIC:

(THIS INSTRUMENT IS EXEMPT PURSUANT TO § 35 ILCS 200/31-45, PARA E, PROPERTY TAX CODE)

COOK COUNTY CLERK’S OFFICE STAFF MAY NOT assist you with the preparation of this, or any legal document.

Illinois · general information · checked October 17, 2026 · Cook County Clerk