An Illinois transfer on death deed allows property owners to name a beneficiary to transfer the title to in the event of their death. Otherwise known as a Transfer on Death Instrument (TODI), this deed is used in estate planning to make possible the passing on of real estate without the interference of probate court. The owner maintains the full title rights to the property, meaning they can convey to lease it as they wish. Additionally, the owner may add or remove beneficiaries or revoke the deed in its entirety at any moment need to inform the parties to the instrument.
- Statutes: 765 ILCS 5 – Conveyances Act & 755 ILCS 27
- Formatting: 765 ILCS 5/9, 755 ILCS 27/40, 755 ILCS 27/45
- Signing Requirements (755 ILCS 27/45): Notary Public and two (2) witnesses.
- 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.