Illinois - Cook County Gift Deed Form

Name: Gift Deed
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All Cook County specific forms listed below are included in your immediate download:

Gift Deed Form - Cook County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 10/11/2019

Gift Deed Guide - Cook County

Line by line guide explaining every blank on the form.
Included document last updated 11/6/2019

Cook County Completed Example of the Gift Deed Document Page 1

Completed Example of the Gift Deed Document - Cook County

Example of a properly completed form for reference.
Included document last updated 11/11/2019

*The Following Illinois and Cook County supplemental forms are included as a courtesy with your order.

City of Chicago Transfer Tax Declaration

This form is required even if the conveyance is exempt from transfer tax. The separate booklet of instructions can be downloaded as well.

Cook County Real Estate Transfer Declaration

This declaration form must be filed when transferring real estate in Cook County. Exemptions are listed on page 2 of this document.

Illinois Transfer Tax Declaration

This is a required form, unless an exemption is claimed. It includes a list of exemptions and line by line instructions.

Transfer Tax Rates

Rates and who is responsible for payment vary by community in Cook County.

Grantor/Grantee Affidavit

This affidavit is required when recording a deed in Cook County.

Notarial Record

This form is required for residential property in Cook County.

Plat Act Affidavit

This form is required with every deed submitted for recording.

Supplementals Checklist

This checklist from the county recording office lists standards, requirements, and supplements for recording a conveyance in Cook County.

Cook County Homestead Exemptions

Your primary residence may qualify for a homestead exemption on your property taxes.

Notary Certificates

The supplemental forms in this section can be used as loose certificates by Illinois notaries.

Frequently Asked Questions:

How long does it take to get my forms?
- Forms are available immediately after submitting payment.
What are supplemental forms?
- Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
How do I get my forms, are they emailed?
- After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
What type of files are the forms?
- All of our forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Can the forms be re-used?
- Yes. You can re-use the forms for your personal use. For example, if you have more than one property in a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
Are these forms guaranteed to be recordable in Cook County ?
- Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Cook County including margin requirements, content requirements, font and font size requirements.
Do I have to enter all of my property information online?
- No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
- Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Do I need any special software to use these forms?
- You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Are there any recurring fees involved?
- No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Gift Deed Forms:

Cook County

Including:

Alsip
Arlington Heights
Bedford Park
Bellwood
Berkeley
Berwyn
Blue Island
Bridgeview
Broadview
Brookfield
Burbank
Calumet City
Chicago
Chicago Heights
Chicago Ridge
Cicero
Country Club Hills
Des Plaines
Dolton
Elk Grove Village
Elmwood Park
Evanston
Evergreen Park
Flossmoor
Forest Park
Franklin Park
Glencoe
Glenview
Glenwood
Golf
Hanover Park
Harvey
Harwood Heights
Hazel Crest
Hickory Hills
Hillside
Hines
Hoffman Estates
Hometown
Homewood
Justice
Kenilworth
La Grange
La Grange Park
Lansing
Lemont
Lincolnwood
Lyons
Markham
Matteson
Maywood
Melrose Park
Midlothian
Morton Grove
Mount Prospect
Niles
Northbrook
Oak Forest
Oak Lawn
Oak Park
Olympia Fields
Orland Park
Palatine
Palos Heights
Palos Hills
Palos Park
Park Forest
Park Ridge
Posen
Prospect Heights
Richton Park
River Forest
River Grove
Riverdale
Riverside
Robbins
Rolling Meadows
Schaumburg
Schiller Park
Skokie
South Holland
Steger
Stone Park
Streamwood
Summit Argo
Techny
Thornton
Tinley Park
Westchester
Western Springs
Wheeling
Willow Springs
Wilmette
Winnetka
Worth

What is the Illinois Gift Deed?

Gifts of Real Property in Illinois

Gift deeds convey title to real property from one party to another with no exchange of consideration, monetary or otherwise. Often used to transfer property between family members or to gift property as a charitable act or donation, these conveyances occur during the grantor's lifetime. Gift deeds must contain language that explicitly states that no consideration is expected or required. Ambiguous language or references to any type of consideration can make the gift deed contestable in court.

A lawful gift deed includes the grantor's full name and marital status, as well as the grantee's full name, marital status, vesting information, and mailing address. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or co-ownership. For Illinois residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by the entirety. An estate conveyed to two or more unmarried persons is considered a tenancy in common, unless otherwise specified (765 ILCS 1005/1). A conveyance to a married couple vests as tenancy by entirety unless otherwise specified (765 ILCS 1005/1c).

As with any conveyance of realty, a gift deed requires a complete legal description of the parcel. Recite the source of title to maintain a clear chain of title, and detail any restrictions associated with the property. In Illinois, if the signer is not personally known to the notarial officer, a witness must acknowledge and sign the deed (765 ILCS 5/24). All signatures must be original.

In Illinois, most conveyances of real property are subject to a Real Estate Transfer Tax and require a Real Estate Transfer Declaration (Form PTAX-203). However, because a gift deed transfers real property from one party to another with no exchange of valuable consideration, this type of conveyance is exempt from the tax and does not require a declaration (35 ILCS 200/31-45e). Record the completed gift deed with the recorder's office where the subject property is located. Contact the same office to confirm recording fees and accepted forms of payment.

With gifts of real property, the recipient of the gift (grantee or donee) is not required to declare the amount of the gift as income, but if the property accrues income after the transaction, the grantee is responsible for paying the requisite state and federal income tax [1].

In Illinois, there is no state gift tax. Gifts of real property in Illinois are, however, subject to the federal gift tax. The person or entity making the gift (grantor or donor) is responsible for paying the federal gift tax; however, if the donor does not pay the gift tax, the donee (grantee) will be held liable [1]. For questions regarding state and federal tax laws, consult a tax specialist.

In accordance with federal law, individuals are permitted an annual exclusion of $15,000 on gifts. This means that gifts valued below $15,000 do not require a federal gift tax return (Form 709). Even so, donors should consider filing one for many gifts of real property [2].

This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact an Illinois lawyer with any questions about gift deeds or other issues related to the transfer of real property.

[1] http://msuextension.org/publications/FamilyFinancialManagement/MT199105HR.pdf

[2] https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-gift-taxes

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