Do I Need a Transfer on Death Deed in Illinois?

A transfer on death instrument in Illinois requires notary acknowledgment and 2 witnesses. The signed deed must be recorded at the county recorder before death to be effective. 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).755 ILCS 27/1 to 27/95Verified Aug 24, 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 — 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 conditions.755 ILCS 27/1 to 27/95Verified Aug 24, 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 Aug 24, 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 Aug 24, 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.