Homepage >> Printable Transfer-on-Death Deed Template for Illinois State
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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.

Transferor's Information



Beneficiary's Information



Property Information



Upon the transferor's death, the property described above shall transfer to the beneficiary named, subject to any debts or obligations attached to the property. This deed does not take effect until it is recorded with the county recorder's office where the property is located.

The transferor retains all rights to the property, including the right to sell or mortgage it, during their lifetime.

Execution Requirements: The Transfer-on-Death Deed must be signed by the transferor in the presence of two witnesses and a notary public to be legally valid.

Witnesses







Notary Public

This document was acknowledged before me on (date) by (name of transferor).





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.
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