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An Illinois deed is a legal instrument that conveys the ownership rights of a property from its current owner (the “grantor”) to another party (the “grantee”). Real estate ownership is officially recorded as a title with the county recorder’s office and transferred via a deed. In most cases, the grantor will warrant that there are no encumbrances on the property and promise to defend the grantee against any such claims. However, the grantor is permitted to use a quit claim deed that offers no guarantees on the property title.
Once the document has been executed by all parties, acknowledged by a notary public, and filed with the county recorder, the property’s ownership will be legally transferred in the grantee’s name.
Contents |
Types (4)
General Warranty Deed – Transfers real property to a grantee with the full assurance that it is free of claims.
Download: PDF
Quit Claim Deed – A deed that conveys property without giving the grantee any security that no liens or encumbrances are accompany it.
Download: PDF
Special Warranty Deed – Gives the grantee a secured promise that the grantor has no liens and encumbrances associated with the property. However, it doesn’t guarantee that there are no claims against any previous owners.
Download: PDF, Word (.docx), OpenDocument
Transfer on Death Deed – This allows a property owner to convey real estate to an heir while keeping its title and rights until their death.
Download: PDF
Laws & Requirements
- Statutes: 765 ILCS 5 – Conveyances Act
- Formatting: 765 ILCS 5/9
- Signing Requirements (765 ILCS 5/20): Notary Public
- Where to Record (765 ILCS 5/28): County Recorder’s Office
- Recording Fees (55 ILCS 5/4-12002.1(1)): Minumum $20 plus an additional $9 for the Rental Housing Support Program State surcharge.
- Forms:
- Form PTAX-203 (PDF / Online): Unless the deed includes an exemption notation, this form must be filed with it.
- Form PTAX-203-A (PDF): For non-residential transfers if the sale price was over $1 million.
- Form PTAX-203-B (PDF): For beneficial interest transfers.
- Form PTAX-203-NR (PDF): For non-recorded transfers.
- Radon Disclosure (420 ILCS § 46/1): The seller is required to furnish potential buyers with two (2) documents regarding radon gas and its dangers: the Disclosure of Information on Radon Hazards and the Radon Testing Guidelines for Real Estate Transactions.
- Residential Property Disclosure Statement (765 ILCS 77/35 & 765 ILCS 77/20): Real property owners with the intention of selling their property must complete this document detailing the material condition of the property.