Updated October 11, 2026. Quick answer: Illinois lets a deed be acknowledged before a notary public (765 ILCS 5/20), and a deed filed for record is notice to later purchasers though not acknowledged, but is not read as evidence without proof of execution (765 ILCS 5/31); whether a recorder will accept an unacknowledged deed was not read. The Cook County Clerk charges $107 to record a deed (Document Class 1) under its schedule effective April 1, 2024, a figure that includes GIS, document storage and Rental Housing Support Program fees. Other counties publish their own schedules, but for counties of the first and second class the statute sets a deed recording fee of not less than $31, being a minimum $13 county fee plus an $18 Rental Housing Support Program State surcharge.
Illinois quitclaim deed at a glance
| Item | What the documents say |
|---|---|
| Signing | An Illinois deed is sufficient if it is in writing and signed by the party making it, who must be of full age and sound mind and not acting under duress. |
| Witnesses | Not found in the documents read |
| Notary or acknowledgment | Illinois lets a deed be acknowledged before a notary public (765 ILCS 5/20), and a deed filed for record is notice to later purchasers though not acknowledged, but is not read as evidence without proof of execution (765 ILCS 5/31); whether a recorder will accept an unacknowledged deed was not read. |
| Statutory quitclaim form | 765 ILCS 5/10 says quitclaim deeds may be, in substance, in a short form in which the grantor conveys and quit claims all interest in described real estate, with a 3 1/2 inch by 3 1/2 inch blank space for the recorder. |
| Where to record, and the fee | County recorder of the county where the land lies (in Cook County, the Cook County Clerk’s Recordings Division). The Cook County Clerk charges $107 to record a deed (Document Class 1) under its schedule effective April 1, 2024, a figure that includes GIS, document storage and Rental Housing Support Program fees. Other counties publish their own schedules, but for counties of the first and second class the statute sets a deed recording fee of not less than $31, being a minimum $13 county fee plus an $18 Rental Housing Support Program State surcharge. |
| State transfer tax | Illinois taxes the privilege of transferring title to real estate at 50 cents for each $500 of value or fraction of $500 (county and municipal taxes were not read), and the archived text does not say which party pays. |
| Gift from a parent to a child | 35 ILCS 200/31-45(e) exempts deeds where the actual consideration is less than $100, and no exemption specific to family members was read. |
| Spouse or homestead | A release, waiver or conveyance of the Illinois homestead exemption is not valid unless it is in writing and signed by the owner and his or her spouse, if any, or possession is abandoned or given pursuant to the conveyance. A conveyance by an individual to his or her spouse is effective whether or not the spouse joins in it. |
| Source | Illinois General Assembly; Cook County Clerk (Illinois) |
Signing, witnesses and the notary in Illinois
An Illinois deed is sufficient if it is in writing and signed by the party making it, who must be of full age and sound mind and not acting under duress.
Illinois lets a deed be acknowledged before a notary public (765 ILCS 5/20), and a deed filed for record is notice to later purchasers though not acknowledged, but is not read as evidence without proof of execution (765 ILCS 5/31); whether a recorder will accept an unacknowledged deed was not read.
Statutory form: 765 ILCS 5/10 says quitclaim deeds may be, in substance, in a short form in which the grantor conveys and quit claims all interest in described real estate, with a 3 1/2 inch by 3 1/2 inch blank space for the recorder.
The text itself:
- 765 ILCS 5/1 (Conveyances Act, Sec. 1): “signed by the party making the same”
- 765 ILCS 5/10 (Conveyances Act, Sec. 10): “Quitclaim deeds may be, in substance, in the following form”
- 765 ILCS 5/20 (Conveyances Act, Sec. 20): “may be acknowledged or proven before”
- 765 ILCS 5/31 (Conveyances Act, Sec. 31): “though not acknowledged or proven according to law”
If you want a ready-made form
Review LawDepot’s quitclaim deed form
LawDepot builds a quit claim deed from guided questions for your state. Compare the form with the signing, notary and recording rules on this page before you sign anything.
A deed moves title and can change a family’s tax and benefit position. If you need advice about your situation, ask a real estate attorney before choosing a document service.
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Review LawDepot’s quitclaim deedOpens on LawDepot. Follow the signing, notary and recording rules for your state.
How our partner relationships workRecording: where to file and what it costs
Recording office: County recorder of the county where the land lies (in Cook County, the Cook County Clerk’s Recordings Division). The Cook County Clerk charges $107 to record a deed (Document Class 1) under its schedule effective April 1, 2024, a figure that includes GIS, document storage and Rental Housing Support Program fees. Other counties publish their own schedules, but for counties of the first and second class the statute sets a deed recording fee of not less than $31, being a minimum $13 county fee plus an $18 Rental Housing Support Program State surcharge.
The text itself:
- Recording Fee Schedule, Cook County Clerk’s Office: “Deeds (Document Class 1)* $107”
Transfer tax and a gift to a family member
Illinois taxes the privilege of transferring title to real estate at 50 cents for each $500 of value or fraction of $500 (county and municipal taxes were not read), and the archived text does not say which party pays.
Between family members: 35 ILCS 200/31-45(e) exempts deeds where the actual consideration is less than $100, and no exemption specific to family members was read.
The text itself:
- 35 ILCS 200/31-10 (Real Estate Transfer Tax Law, Imposition of tax): “at the rate of 50¢ for each $500 of value”
- 35 ILCS 200/31-45 (Real Estate Transfer Tax Law, Exemptions): “Deeds or trust documents where the actual consideration is less than $100”
Spouse and homestead
A release, waiver or conveyance of the Illinois homestead exemption is not valid unless it is in writing and signed by the owner and his or her spouse, if any, or possession is abandoned or given pursuant to the conveyance. A conveyance by an individual to his or her spouse is effective whether or not the spouse joins in it.
The text itself:
- 735 ILCS 5/12-904 (Release, waiver or conveyance of homestead): “signed by the individual and his or her spouse”
Other filings the documents mention
In counties of the first and second class a recorder may not record a conveyance unless it contains the name and address of the grantee for tax billing purposes.
A recorder may not record an instrument affecting title to real estate unless the name and address of the person who prepared it appear on its face.
The text itself:
- 55 ILCS 5/3-5020 (Counties Code, Information to accompany conveyance documents): “no recorder shall record any conveyance of real estate unless”
A worked example: a parent deeds the home to an adult child
An illustration, not a return: a parent bought a home for $100,000, and it is worth $300,000 when the parent deeds it to an adult child by quitclaim deed, with no payment. The child later sells it for $350,000. For a gift, federal law says the child’s basis is “the same as it would be in the hands of the donor”, so the basis stays $100,000 and the gain is $250,000 ($350,000 minus $100,000). Had the child received the same home at the parent’s death, when it was worth $300,000, the statute sets the basis at “fair market value of the property at the date of the decedent’s”, so the gain would be $50,000 ($350,000 minus $300,000). Federal gift tax filing rules are outside this page and outside the documents read.
Read the Illinois transfer-tax rule above for the state side of the same transfer. See CMG’s quitclaim vs warranty deed for a family transfer page for the choice of deed.
What the documents do not say
- Whether Illinois requires witnesses on a deed: not found in the documents read, and that is not a statement that none are needed.
- The recording fee shown is one county’s published figure; other Illinois counties publish their own.
- County or city transfer taxes and local recording surcharges were not read unless named above.
Common mistakes
- Treating the one-county recording fee above as the fee in every Illinois county.
- Assuming the Illinois transfer-tax exemption for family gifts also removes the federal basis consequence shown in the example.
- Assuming the answer for one state applies to another, or that signing a deed ends the paperwork before recording.
Related: quitclaim deeds by state, quitclaim vs warranty deed for a family transfer, Illinois transfer on death deed, and Illinois probate cost.
Sources
- 765 ILCS 5/1 (Conveyances Act, Sec. 1): https://www.ilga.gov/Documents/legislation/ilcs/documents/076500050K1.htm
- 765 ILCS 5/10 (Conveyances Act, Sec. 10): https://www.ilga.gov/Documents/legislation/ilcs/documents/076500050K10.htm
- 765 ILCS 5/20 (Conveyances Act, Sec. 20): https://www.ilga.gov/Documents/legislation/ilcs/documents/076500050K20.htm
- 765 ILCS 5/31 (Conveyances Act, Sec. 31): https://www.ilga.gov/Documents/legislation/ilcs/documents/076500050K31.htm
- Recording Fee Schedule, Cook County Clerk’s Office: https://www.cookcountyclerkil.gov/sites/default/files/pdfs/recording-fee-schedule.pdf
- 35 ILCS 200/31-10 (Real Estate Transfer Tax Law, Imposition of tax): https://www.ilga.gov/Documents/legislation/ilcs/documents/003502000K31-10.htm
- 35 ILCS 200/31-45 (Real Estate Transfer Tax Law, Exemptions): https://www.ilga.gov/Documents/legislation/ilcs/documents/003502000K31-45.htm
- 55 ILCS 5/3-5020 (Counties Code, Information to accompany conveyance documents): https://www.ilga.gov/Documents/legislation/ilcs/documents/005500050K3-5020.htm
- 55 ILCS 5/3-5022 (Counties Code, Identification of person preparing instrument): https://www.ilga.gov/Documents/legislation/ilcs/documents/005500050K3-5022.htm
- 735 ILCS 5/12-904 (Release, waiver or conveyance of homestead): https://www.ilga.gov/Documents/legislation/ilcs/documents/073500050K12-904.htm
- 26 U.S.C. 1015, Basis of property acquired by gifts and transfers in trust (U.S. Code, GovInfo): https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapO-partII-sec1015.htm
- 26 U.S.C. 1014, Basis of property acquired from a decedent (U.S. Code, GovInfo): https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapO-partII-sec1014.htm
Sources: the primary documents linked above, read on October 11, 2026. General information, not tax advice. Your own facts decide the outcome, and a tax professional or the state agency itself is the right place to confirm anything consequential.