Free Illinois Affidavit of Death

In Illinois, a transfer on death deed beneficiary records the “Notice of death affidavit”.

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Who may sign in Illinois: Any beneficiary who takes under the transfer on death instrument.

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The “Notice of death affidavit”: A transfer on death instrument beneficiary may file a notice of death affidavit with the county recorder to confirm title after the owner's death. Filing it is not a condition to the transfer of title. A transfer on death deed beneficiary records it with the county recording office, and the prepared document is laid out for recording.

Who may sign, in the statute's words: Any beneficiary who takes under the transfer on death instrument. The affidavit is acknowledged before a notary public.

It states: the name and address, if known, of each beneficiary taking under the transfer on death instrument; the legal description of the property; the street address and parcel identification number of the property, if known; the date of the transfer on death instrument and its recording document number; the name of the deceased owner; the date and place of death; the name and address to which all future tax bills are to be mailed; a statement that the affidavit is acknowledged under penalty of perjury.

Recording is not a condition of the transfer: title passed at the death under the instrument.

Illinois law names no affidavit or certificate to record when a joint tenant or a tenant by the entirety dies. A deed that expressly declares a joint tenancy carries the right of survivorship, and the surviving tenant by the entirety retains the entire estate.

The Affidavit of Death in Illinois

When the owner under a transfer on death deed dies in Illinois, the land records still show the deceased owner. What a transfer on death deed beneficiary records: the “Notice of death affidavit”. What it does: A transfer on death instrument beneficiary may file a notice of death affidavit with the county recorder to confirm title after the owner's death. Filing it is not a condition to the transfer of title. It goes to the county recording office.

Who may sign, in the statute's words: Any beneficiary who takes under the transfer on death instrument. The affidavit is acknowledged before a notary public.

What the statute has it state: the name and address, if known, of each beneficiary taking under the transfer on death instrument; the legal description of the property; the street address and parcel identification number of the property, if known, and 5 more.

Recording is not a condition of the transfer; title passed at the death under the instrument, and the affidavit puts the death on the record. Illinois publishes Notice of Death Affidavit & Acceptance of Transfer on Death Instrument (TODI) Deed (Cook County); the prepared document carries the same contents.

For a joint owner's death: Illinois law names no affidavit or certificate to record when a joint tenant or a tenant by the entirety dies. A deed that expressly declares a joint tenancy carries the right of survivorship, and the surviving tenant by the entirety retains the entire estate.

SimplyTrust Editorial·Updated October 26, 2026

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Data sourced from Illinois statutes and official state code. How we research.

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The Affidavit of Death in Illinois

Who may sign, in the statute's words: Any beneficiary who takes under the transfer on death instrument. The affidavit is acknowledged before a notary public.

Free Illinois Affidavit of Death

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Death of a Parent

Named as Executor

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Free Illinois Affidavit of Death

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