Do I Need a Transfer on Death Deed in Illinois?

A transfer on death instrument in Illinois requires notary acknowledgment and 2 witnesses755 ILCS 27/1 to 27/95Verified Oct 18, 2026View source. The signed deed must be recorded at the county recorder before death to take effect755 ILCS 27/1 to 27/95Verified Oct 18, 2026View source. Must be recorded before the owner's death in the office of the recorder of the county or counties in which any part of the real property is located. Failure to record before death renders the instrument void. 755 ILCS 27/40(a)(3), (b).

Yes. A transfer on death instrument is revocable at any time during the owner's life, and Illinois revokes one by: Recording a subsequent TOD instrument that revokes expressly or by inconsistency — executed, witnessed, and acknowledged as Section 45 requires, dated after the acknowledgment date of the instrument being revoked, and recorded before the owner's death in the county or counties where the prior instrument is recorded; Recording an instrument of revocation that expressly revokes the TOD instrument — subject to the same Section 45 formalities, later-date, and record-before-death conditions755 ILCS 27/55Verified Oct 17, 2026View source. A will cannot revoke it.

Illinois allows transfer on death instruments for all types of real property, including homes, land, condominiums, and commercial properties755 ILCS 27/1 to 27/95Verified Oct 17, 2026View source.

Yes. Illinois allows multiple beneficiaries on a transfer on death instrument755 ILCS 27/1 to 27/95Verified Oct 17, 2026View source; they take title as tenants in common unless the deed says otherwise. A successor beneficiary can be named to take if a primary beneficiary dies first.