Do I Need a Transfer on Death Deed in Illinois?
Answer a few questions about the property to see whether a transfer on death deed applies for avoiding probate on real estate.
Frequently Asked Questions
Yes. Illinois allows transfer on death instruments.755 ILCS 27/1 to 27/95Verified May 31, 2026 The deed transfers real property to a named beneficiary at death without probate. See how this compares to a trust with the probate calculator.
A transfer on death instrument in Illinois requires notarization (standard acknowledgment) and 2 witnesses. The signed deed must be recorded at the county recorder before death to be effective.755 ILCS 27/1 to 27/95Verified May 31, 2026
Yes. A transfer on death instrumentis revocable at any time during the owner's lifetime. Revocation methods in Illinois include: Recording a subsequent TOD instrument that revokes expressly or by inconsistency, Recording an instrument of revocation that expressly revokes the TOD instrument.755 ILCS 27/1 to 27/95Verified May 31, 2026
Illinois allows transfer on death instruments for all types of real property, including homes, land, condominiums, and commercial properties.755 ILCS 27/1 to 27/95Verified May 31, 2026
Yes. Illinois allows multiple beneficiaries on a transfer on death instrument. If multiple beneficiaries are named, they take title as tenants in common unless the deed specifies otherwise.755 ILCS 27/1 to 27/95Verified May 31, 2026
A transfer on death instrument transfers the property directly to the beneficiary at death, bypassing probate for that asset. Other assets not covered by a TOD deed, trust, or beneficiary designation still go through probate. Use the Illinois probate calculator to estimate the cost of probating remaining assets.
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Illinois Estate Planning Resources
In-depth guides covering Illinois probate laws, trust requirements, and estate planning strategies.
