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Illinois Real Estate Deeds
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State Compliant
In Illinois, real estate conveyances are governed primarily by the Illinois Conveyances Act (765 ILCS 5). Recording and transfer compliance are central features of Illinois property law. A deed must be properly executed and accompanied by a required transfer declaration before it can be accepted for recording.
Illinois requires that a Real Estate Transfer Declaration accompany most deeds submitted for recording. Additional statutory recording requirements are outlined in 765 ILCS 5/35c. Deeds must be recorded in the county where the property is located, and an instrument becomes effective against creditors and subsequent purchasers without notice only from the time it is filed for record (765 ILCS 5/30).
Execution and Acknowledgment
A deed must be in writing and signed by the grantor, who must be at least eighteen years of age and of sound mind (765 ILCS 5/1). Witnesses are not required for deeds in Illinois. However, a deed must be acknowledged or proved before it may be recorded.
Acknowledgments taken within Illinois may be made before a notary public, county clerk, judge, or other authorized officer. The officer taking the acknowledgment must confirm the identity of the person executing the instrument (765 ILCS 5/20; 5/24). Acknowledgments taken outside Illinois are valid if made before authorized officials in accordance with Illinois statute.
Forms of Conveyance
Illinois does not mandate a single statutory deed form, but Section 765 ILCS 5/9 provides a recognized form. Warranty deeds are customary in residential transactions and include covenants of title. Quitclaim deeds are also widely used and convey whatever interest the grantor may have without warranty covenants.
Illinois law allows individuals, corporations, and joint owners to convey property. Aliens may acquire, hold, and dispose of real property in the same manner as citizens (765 ILCS 60/7). A person claiming title to land may convey that interest even if out of possession or despite adverse possession by another (765 ILCS 5/4).
Vesting and Co-Ownership
Illinois recognizes tenancy in common, joint tenancy with right of survivorship, and tenancy by the entirety.
Tenancy in common is the default form of co-ownership unless the deed expressly creates a joint tenancy. Tenants in common may transfer their interests independently, and upon death, an owner’s interest passes through probate.
Joint tenancy must be clearly stated in the deed and includes the right of survivorship.
Tenancy by the entirety is available only to married couples and provides survivorship protection. This form of ownership also offers certain creditor protections specific to married owners.
Homestead and Spousal Rights
A release or waiver of homestead rights by one spouse does not bind the other spouse unless that spouse also signs the instrument (765 ILCS 5/27). When property qualifies as homestead, proper spousal execution is essential to ensure a valid conveyance.
Recording and Priority
Illinois follows a notice recording system. A deed that is not recorded is void as to subsequent purchasers and creditors without notice until it is filed for record (765 ILCS 5/30). An unrecorded deed remains valid between the parties and against those with actual notice.
Because Illinois law places significant emphasis on proper acknowledgment, transfer declaration compliance, and timely county recording, careful preparation and prompt filing are essential to protect ownership rights and preserve priority in the chain of title.
Illinois requires that a Real Estate Transfer Declaration accompany most deeds submitted for recording. Additional statutory recording requirements are outlined in 765 ILCS 5/35c. Deeds must be recorded in the county where the property is located, and an instrument becomes effective against creditors and subsequent purchasers without notice only from the time it is filed for record (765 ILCS 5/30).
Execution and Acknowledgment
A deed must be in writing and signed by the grantor, who must be at least eighteen years of age and of sound mind (765 ILCS 5/1). Witnesses are not required for deeds in Illinois. However, a deed must be acknowledged or proved before it may be recorded.
Acknowledgments taken within Illinois may be made before a notary public, county clerk, judge, or other authorized officer. The officer taking the acknowledgment must confirm the identity of the person executing the instrument (765 ILCS 5/20; 5/24). Acknowledgments taken outside Illinois are valid if made before authorized officials in accordance with Illinois statute.
Forms of Conveyance
Illinois does not mandate a single statutory deed form, but Section 765 ILCS 5/9 provides a recognized form. Warranty deeds are customary in residential transactions and include covenants of title. Quitclaim deeds are also widely used and convey whatever interest the grantor may have without warranty covenants.
Illinois law allows individuals, corporations, and joint owners to convey property. Aliens may acquire, hold, and dispose of real property in the same manner as citizens (765 ILCS 60/7). A person claiming title to land may convey that interest even if out of possession or despite adverse possession by another (765 ILCS 5/4).
Vesting and Co-Ownership
Illinois recognizes tenancy in common, joint tenancy with right of survivorship, and tenancy by the entirety.
Tenancy in common is the default form of co-ownership unless the deed expressly creates a joint tenancy. Tenants in common may transfer their interests independently, and upon death, an owner’s interest passes through probate.
Joint tenancy must be clearly stated in the deed and includes the right of survivorship.
Tenancy by the entirety is available only to married couples and provides survivorship protection. This form of ownership also offers certain creditor protections specific to married owners.
Homestead and Spousal Rights
A release or waiver of homestead rights by one spouse does not bind the other spouse unless that spouse also signs the instrument (765 ILCS 5/27). When property qualifies as homestead, proper spousal execution is essential to ensure a valid conveyance.
Recording and Priority
Illinois follows a notice recording system. A deed that is not recorded is void as to subsequent purchasers and creditors without notice until it is filed for record (765 ILCS 5/30). An unrecorded deed remains valid between the parties and against those with actual notice.
Because Illinois law places significant emphasis on proper acknowledgment, transfer declaration compliance, and timely county recording, careful preparation and prompt filing are essential to protect ownership rights and preserve priority in the chain of title.
Important: County-Specific Forms
After selecting your document type, you'll need to choose the specific county where your property is located. Each county in Illinois has unique formatting requirements that must be followed for successful recording.
Common Uses for Illinois Deed Forms
- Transfer property between family members
- Add or remove names from property titles
- Transfer property into or out of trusts
- Correct errors in previously recorded deeds
- Gift property to others