Printable Transfer-on-Death Deed Template for Illinois State
In Illinois, the Transfer-on-Death Deed (TOD Deed) offers a straightforward way for property owners to transfer their real estate to beneficiaries upon their death, bypassing the often lengthy and costly probate process. This legal tool allows individuals to maintain full control of their property during their lifetime while ensuring that their chosen heirs receive the property automatically after they pass away. The form must be properly executed, including the signatures of the property owner and a witness, and it must be recorded with the county recorder's office to be valid. Importantly, the TOD Deed does not affect the owner's ability to sell or mortgage the property while they are alive. Additionally, property owners can revoke or change the deed at any time before their death, providing flexibility as circumstances change. Understanding the nuances of the TOD Deed is essential for anyone considering this option, as it can significantly simplify the transfer of assets and provide peace of mind for both the owner and their beneficiaries.
Example - Illinois Transfer-on-Death Deed Form
Illinois Transfer-on-Death (TOD) Deed Template
This document is a template for an Illinois Transfer-on-Death (TOD) Deed, which allows property owners to transfer their real estate to a beneficiary upon their death without the need for a will or probate. This form must be completed in accordance with the Illinois Residential Real Property Transfer on Death Instrument Act.
When filling out this template, replace the placeholders with specific information related to the transferor (current property owner), beneficiary (person receiving the property), and the property itself.
PDF Form Properties
| Fact Name | Description |
|---|---|
| Definition | The Illinois Transfer-on-Death Deed allows property owners to designate a beneficiary to receive their property upon their death, avoiding probate. |
| Governing Law | This deed is governed by the Illinois Compiled Statutes, specifically 765 ILCS 1005. |
| Eligibility | Any individual who owns real property in Illinois can create a Transfer-on-Death Deed. |
| Revocation | The deed can be revoked at any time before the property owner’s death, allowing for flexibility in estate planning. |
| Recording Requirement | To be effective, the deed must be recorded with the appropriate county recorder’s office before the owner’s death. |
| Beneficiary Designation | Property owners can designate one or more beneficiaries, and the deed can specify alternate beneficiaries in case the primary beneficiary predeceases the owner. |
| Tax Implications | Transfer-on-Death Deeds do not trigger gift taxes, and the property receives a step-up in basis for tax purposes upon the owner's death. |
Other Illinois Forms
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How to Write a Bill of Sale for a Car - The form includes important information such as the description of the item sold, sale price, and date of sale.