Illinois Transfer-on-Death Instrument

Illinois Transfer-on-Death Instrument

Use this form to leave your Illinois real estate without probate. You retain ownership, responsibility, and control over the property during your life. After your death, ownership transfers to the beneficiary you name. We take you through all the steps, including:

  • naming your beneficiaries
  • writing a description of the property
  • reviewing your completed deed, and
  • signing the deed and having it notarized.

You can save and edit the form before you buy -- just create a Nolo.com account. It's easy, free, and there's no obligation to buy anything. If you purchase the form, you'll be able to print, send, or download it.

See below for a full product description.

Recording requested by:


and when recorded mail
this deed and tax statements to:

 


Illinois Transfer-on-Death Instrument

Alternate Selection: [number of owners]
Label Contract Text
one owner , Owner, being of sound mind and memory, transfers, effective on the death of Owner, free of any claim of homestead exemption under the laws of Illinois, to , the following described interest in residential real property in  County, Illinois:
two owners  and , Owners, being of sound mind and memory, transfer, effective on the death of Owners, free of any claim of homestead exemption under the laws of Illinois, to , the following described interest in residential real property in  County, Illinois:

 

Property Address: 

Parcel Identification Number: 

Keep Together
Unchangeable Alternate Selection: [signatures unchangeable]
Label Contract Text
one owner

Owner revokes all prior transfer-on-death instruments affecting this real property.


Signature: ________________________________________

Date: ____________________________________________

Witnesses

On this ______ day of __________________, 20____,  the owner, executed this transfer on death instrument in our presence. We declare that to the best of our knowledge the owner executed this instrument as his or her own free and voluntary act and that we believe the owner to be of sound mind and memory at the time of the execution.  

two owners

Owners revoke all prior transfer-on-death instruments affecting this real property.


Signature: ________________________________________

Date: ____________________________________________


Signature: ________________________________________

Date: ____________________________________________

Witnesses

On this ______ day of __________________, 20____,  and , the owners, executed this transfer on death instrument in our presence. We declare that to the best of our knowledge the owners executed this instrument as their own free and voluntary act and that we believe the owners to be of sound mind and memory at the time of the execution.

Witness 1
Signature: ____________________________________________
Typed or printed name: __________________________________
Address : _____________________________________________

Witness 2
Signature: ____________________________________________
Typed or printed name: __________________________________
Address: _____________________________________________

Name and address of preparer:

Page Break

Certificate of Acknowledgment of Notary Public

 

STATE OF __________________   )
                                                           ) ss
COUNTY OF _________________ )

 

 

I, the undersigned, a Notary Public in and for the said County, in the State aforesaid, DO HEREBY CERTIFY that __________________________________________________________________________________________ are personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed, sealed, and delivered said instrument as their free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of the right of homestead.

GIVEN UNDER my hand and notarial seal this _____ day of __________________________,  20______. 

 

_____________________________________________
Notary Public

______________________________________________
Printed Name

 

My commission expires on  _______________________, 20_______.

 

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Avoid probate and pass on your Illinois real estate with a simple transfer-on-death deed

If you own real estate in Illinois and want to make sure it passes to your heirs without the hassle of probate court, you can use a transfer-on-death (TOD) deed -- called a “transfer-on-death instrument” in Illinois. This document transfers ownership of your property just like a regular deed you might use to transfer real estate, but with a crucial difference: It doesn't take effect until after your death.

It's easy to make a TOD deed.  You'll simply complete the following steps:

  • fill in information about you and the TOD beneficiary
  • provide a description of the property
  • check over the completed deed
  • sign the deed in front of a notary public, and
  • record the deed at the recorder's office in the county where the property is located.

Take care of your beneficiaries and help them to avoid probate with this plain-English eForm from Nolo.

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