Clear Money Guide
What this state guide covers
A quick view of the questions, practical details and source notes below.
Updated August 3, 2026. Quick answer: Illinois calls it a transfer on death instrument, not a deed, and it carries an execution requirement most states do not: it must be witnessed as well as acknowledged before a notary.
Deeding a home to a family member while you are alive? What Illinois requires, from its own documents: Illinois quitclaim deed requirements.
The securities and vehicle version of the same decision is covered here: transfer-on-death registration in Illinois.
Illinois transfer on death instrument form: what the statute requires
Each line is a short extract quoted from the Illinois statute itself; the section has the exceptions.
- Signing and formalities. 755 ILCS 27/45(a): “…shall be attested in writing by 2 or more credible witnesses…”
- Recording. 755 ILCS 27/40(3): “…must be recorded before the owner’s death in the public records…”
- Revocation. 755 ILCS 27/25: “A transfer on death instrument is revocable even if the instrument…”
- Capacity. 755 ILCS 27/35: “The capacity required to make or revoke a transfer on death instrument is the same as the capacity required to make a will.”
What the estate would cost without one is a separate question: Illinois probate costs.
The execution rule that catches people
A transfer on death instrument must be executed, witnessed, and acknowledged in substantial compliance with Section 45; must state that the transfer to the designated beneficiary is to occur at the owner’s death; and 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.
— 755 ILCS 27/ (Real Property Transfer on Death Instrument Act) (subsections joined for readability; no words added)
The witnesses are not decorative. Illinois requires that the signatures of the witnesses along with the owner’s signature be acknowledged in front of a notary public, and the witnesses must attest in writing that the owner executed the instrument in their presence.
A form downloaded for another state will typically have a notary block and no witness lines. Used in Illinois, it is a defective instrument, and the defect only surfaces when the owner has died and it can no longer be fixed.
Recorded before death, like everywhere else
The instrument must be recorded before the owner’s death in the county where the property is located. Recording after death does nothing.
What property it covers
The Act defines residential real estate as real property improved with not less than one nor more than 4 residential dwelling units, a residential condominium unit, or a single tract of agricultural real estate of 40 acres or less improved with a single family residence. Since January 1, 2022 the Act applies to transfers of real property generally, not only residential real estate. Illinois has amended this Act since it was first passed, and the scope of eligible property is the part most likely to have changed since any given article was written — check the current text of the Act itself rather than a summary, including this one.
If you are drafting the Illinois instrument
Illinois calls it a transfer on death instrument, and the execution rule above is the one that catches people: it must be witnessed as well as acknowledged before a notary. LawDepot builds the Illinois version under that name, and its own guidance repeats the Illinois rule that only the owner or a licensed attorney may prepare one, which is what a form you complete yourself satisfies. A friend or relative cannot fill it in for you.
LawDepot prices a single document at $7.50 to $119, and its category subscriptions start at $107.88 a year, with the all-documents plan at $155.88 a year (LawDepot pricing page, read 2026-09-02).
Create a transfer on death deed
LawDepot pays us a commission if you buy through this link, and it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
What a transfer on death deed does not do
- It moves one parcel, not an estate. It avoids probate on that property. Bank accounts, vehicles and everything else are untouched, so it is not a substitute for a will.
- It does not take effect until death, so the owner keeps full control — and can sell, mortgage or revoke without the beneficiary’s agreement or knowledge.
- It does not clear debts. A mortgage, lien or judgment against the property passes with it.
- It does not decide what happens if the beneficiary dies first. That is governed by statute and is one of the most common surprises.
Honest gaps
We have quoted the execution and recording requirements and the residential-real-estate definition from 755 ILCS 27/. The Act is long: the sections on revocation, on beneficiary predecease, on disclaimer and on the notice provisions are not reproduced here. This is the statute, not legal advice. Deed drafting, title and recording practice vary by county, and a property with a mortgage, co-owners or a disputed title is one to take to a lawyer in the state.
Source note. Read from https://www.ilga.gov/Legislation/ILCS/Articles?ActID=3382&ChapterID=60&Chapter=ESTATES&MajorTopic=RIGHTS%20AND%20REMEDIES on 2026-08-04.
Related: transfer on death deeds by state · how it compares with a living trust · what it actually avoids.
General information drawn from state statutes and official state or court forms, not legal advice. These instruments are governed by the law of the state where the property sits or the document is signed, and formalities differ from state to state — execution, witnessing and recording requirements are the parts that void a document when they are missed. Your own state’s current statute governs.
A transfer-on-death deed keeps one asset out of probate; whether the rest of the estate has to go through it is a separate test, and the answer is on when probate is required in Illinois, which gives Illinois’s qualifying value for the small-estate route and what that route does not reach.