Deed Recording Requirements in Illinois
Illinois statutes do not expressly make acknowledgment a condition of recording a deed (though deeds are routinely notarized), no witnesses are required, and a state transfer tax of 50 cents per $500 of value applies, with county and some municipal transfer taxes on top.
Last checked . General information, not legal advice.
Illinois at a glance
- Notary acknowledgment
- Not strictly required
- Deeds are still routinely notarized
- Witnesses
- None
- Transfer tax
- State tax applies
- Exemptions may apply
The rules in Illinois
Does a deed need to be notarized in Illinois?
Illinois does not strictly require a notary acknowledgment by statute, although deeds are routinely notarized.
How many witnesses does a deed need in Illinois?
None. Illinois does not require witnesses to sign a deed.
Is there a real estate transfer tax in Illinois?
Yes. Illinois charges a state transfer tax or similar fee when a deed is recorded. Some transfers may be exempt, so check the current statute.
Where do the Illinois rules for deeds come from?
They come from 765 ILCS 5/20, 765 ILCS 5/28, 35 ILCS 200/31-10 and 2 other sources. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.
How Illinois compares
Illinois is one of 35 jurisdictions that charge a state transfer tax or deed fee.
What this means in practice
Record the signed deed with the county recorder, register of deeds or land records office where the property is located. Recording puts the world on notice of the transfer and generally protects the new owner against later claims.
Recording offices often have formatting rules (margins, paper size, a return address, a parcel number) and charge a fee. Check the county's requirements before you sign.
A deed does not pay off a mortgage. If the property is mortgaged, the loan usually stays in place after the transfer.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.