Can you use a transfer-on-death deed in Illinois?
Yes. In Illinois, an owner may transfer real estate by a transfer on death instrument that is signed, attested by two credible witnesses, acknowledged before a notary and recorded before the owner’s death, and it stays revocable. This is the Real Property Transfer on Death Instrument Act. The instrument must state that the transfer occurs at the owner’s death, and it is effective without notice to, delivery to or acceptance by the beneficiary during the owner’s life. It is revocable even if it says otherwise, but only by a later recorded instrument executed the same way, not by a will or an unrecorded paper. This is 755 ILCS 27/20, 27/25, 27/40, 27/45, 27/50, 27/55.
| What | Illinois |
|---|---|
| Transfer-on-death deed | Allowed; witnessed, notarized and recorded before death |
Source
755 ILCS 27/20, 27/25, 27/40, 27/45, 27/50, 27/55
Read the statute in the Illinois Compiled Statutes (Illinois General Assembly): ilga.gov.
Checked against the statute on November 13, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
An owner on Seayora keeps each property’s owners of record, its entity and its documents in one place, so who holds title and how is on file beside the leases and the books.
Guides on this rule
- Joint Tenancy and Transfer-on-Death Deeds by State — How each state reads a deed to two or more people, survivorship rules, and where a transfer-on-death deed is allowed by statute.
Compare this rule in every state
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