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Transfer on Death Deed Laws in Illinois

Illinois allows transfer on death instruments for real estate under the Real Property Transfer on Death Instrument Act, and the instrument must be recorded before the owner's death or it is void.

Last checked . General information, not legal advice.

Illinois at a glance

TOD deed allowed
Yes (TOD instrument)
Recording rule
Before the owner's death
Must be recorded with the county recorder before death; an unrecorded instrument is void.

Sources

Last checked

The rules in Illinois

Does Illinois allow transfer on death deeds for real estate?

Yes (TOD instrument). TOD deed allowed in Illinois: yes (tod instrument).

When must a transfer on death deed be recorded in Illinois?

Recording rule in Illinois: Before the owner's death. Must be recorded with the county recorder before death; an unrecorded instrument is void.

Where do the Illinois transfer on death deed laws come from?

The rules above come from 755 ILCS 27/1 and 755 ILCS 27/40. Each source is linked on this page. We last checked them in October 2026.

Good to know

Since January 1, 2022 (P.A. 102-68), the Act covers real property generally, not only residential property.

What this means in practice

Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.

A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.

Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.