Estate Planning for Edwards County, Illinois Property Owners
For most Edwards County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Edwards County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Circuit Court. The two tools that keep a Edwards County home out of probate are a transfer-on-death deed recorded with the County Clerk & Recorder, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Edwards County property passes through the Circuit Court — even simple Illinois probates run 6+ months and start with about $384 in filing fees. Illinois also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.
Record a Transfer-on-Death Deed in Edwards County
A transfer on death instrument lets an owner name a beneficiary who receives Edwards County property automatically at death, without probate. It is recorded with the County Clerk & Recorderduring the owner’s lifetime and can be revoked any time.
Before recording, a Illinois transfer on death instrument needs 2 witnesses and notary acknowledgment. The deed must be recorded before the owner's death to take effect.
Where to Record Property Documents
Deeds and other real property documents for Edwards County are recorded with the County Clerk & Recorder, led by County Clerk & Recorder Mary Beth Smith, at 50 East Main Street, Albion, IL 62806. Phone: 618-445-2115.
Recording costs $50 flat, regardless of page count; required form fees may include PTAX-203 Illinois Real Estate Transfer Declaration (MyDec / PTAX-203) ($0); TOD deeds are generally transfer-tax exempt. Page count, cover sheets, and any local transfer-tax add-ons under Illinois law can change the final amount, so confirm the total with the County Clerk & Recorder before submitting.
County Clerk serves as ex officio recorder (population under 60,000 — 55 ILCS 5/3-5001). Edwards County has no dedicated county government website; the office's only web presence is a Facebook page. Contact data verified against the Illinois State Board of Elections County Officers directory.
Recording Office Record
County Clerk & Recorder
Edwards County · County Clerk & Recorder · Mary Beth Smith
Address
Phone
Fax
E-recording
Recording fees
| Flat fee (any length) | $50 |
| PTAX-203 Illinois Real Estate Transfer Declaration (MyDec / PTAX-203)RequiredDeeds and trust documents transferring title. Filed electronically through the Illinois Department of Revenue MyDec system in participating counties; the paper PTAX-203 form is available only in counties not yet on MyDec.No fee for the declaration itself. A deed exempt under 35 ILCS 200/31-45 — including a transfer for less than $100 of consideration — is generally recorded with an exempt-transaction stamp rather than a valued declaration; several counties require the declaration to be completed in MyDec before the document is presented. | $0 |
Illinois recording fees are NOT uniform statewide and are NOT per-page. Under the "predictable fee schedule" regime (P.A. 103-400, eff. 1-1-24) every county board adopts by ordinance a single all-inclusive flat fee for each document class (deeds, mortgages, leases, easements, nonstandard, miscellaneous, plats). The fee is "inclusive of all county and State fees ... including ... GIS fees, automation fees, document storage fees, and the Rental Housing Support Program State and county surcharges," and may not vary with page count or other attributes of the document. Verified county deed fees run roughly $55-$100; the $18 RHSP State surcharge is embedded in that figure and is not collected from a State agency, unit of local government, or school district. Contact the county recorder for its current document-class fee. A document that does not meet the formatting standards in 55 ILCS 5/3-5018.2(c)(5) is recorded in the higher-priced "nonstandard" class.
55 ILCS 5/3-5018.2 (counties of the first and second class); 55 ILCS 5/4-12002.3 (county of the third class — Cook)
Transfer tax
$0.50 per $500 of value or fraction thereof (35 ILCS 200/31-10) State; A county board MAY impose a county real estate transfer tax of $0.25 per $500 of value or fraction thereof (55 ILCS 5/5-1031) — it is not automatic and applies only where adopted. Home-rule municipalities impose their own transfer taxes on top (Chicago is the largest). local. Transfer-on-death deeds are generally exempt (A transfer on death instrument is recorded during the owner's lifetime and transfers no interest until death (755 ILCS 27/), so no consideration passes at recording. 35 ILCS 200/31-45(e) exempts deeds "where the actual consideration is less than $100."). The Illinois real estate transfer tax reaches transfers for consideration. Exemptions are listed at 35 ILCS 200/31-45.
County Clerk serves as ex officio recorder (population under 60,000 — 55 ILCS 5/3-5001). Edwards County has no dedicated county government website; the office's only web presence is a Facebook page. Contact data verified against the Illinois State Board of Elections County Officers directory.
Verified July 13, 2026 · Source
A Living Trust Covers More Than One Deed
A transfer-on-death deed moves a single property. A revocable living trust holds the home, bank and investment accounts, and other assets together, so the whole estate skips the Circuit Court — not just the house. For a Edwards County family with more than one major asset, the trust is usually the cleaner plan.
Create a Revocable Trust in 15 minutes
Legal Sources
- 55 ILCS 5/3-5018.2 (counties of the first and second class); 55 ILCS 5/4-12002.3 (county of the third class — Cook)
Data sourced from Illinois statutes and official state code. How we research.
Frequently Asked Questions
Deeds and other real property documents for Edwards County are recorded with the County Clerk & Recorder at 50 East Main Street, Albion, IL 62806. Call 618-445-2115 to confirm current recording procedures.
Recording a deed in Edwards County costs $50 flat, regardless of page count; required form fees may include PTAX-203 Illinois Real Estate Transfer Declaration (MyDec / PTAX-203) ($0); TOD deeds are generally transfer-tax exempt. Page count, required cover sheets, and any local transfer tax can change the final total.
Edwards County does not offer e-recording. Plan to record by mail or in person at the County Clerk & Recorder.
Contact the County Clerk & Recorder for current recording hours. Reach the office at 618-445-2115. Confirm whether walk-in or mail-in recording is preferred before you go.
Yes. Deeds recorded in Illinois must be signed in front of a notary and 2 witnesses before the County Clerk & Recorder will accept them. A transfer-on-death deed follows the same execution rules — see the Edwards County signing requirements.
A transfer-on-death (TOD) deed names a beneficiary who receives the property automatically when the owner dies, without probate. The deed is recorded with the County Clerk & Recorderduring the owner’s lifetime. Start one with the Illinois TOD deed form.
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