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 in the office of the recorder of the county where the property is located before the owner's death. Failure to record before death renders the instrument void. 755 ILCS 27/40(a)(3), (b).755 ILCS 27/1 to 27/95Verified Jul 15, 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 Jul 15, 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 Jul 15, 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 Jul 15, 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.