Wayne County Transfer on Death Instrument (Tenant in Common Interest) Form

Last validated October 24, 2026 by our Forms Development Team

Formatted for recording in Wayne County, for property anywhere in the county: rural and unincorporated areas as well as Barnhill, Cisne, Fairfield, Geff, Golden Gate, Johnsonville, Keenes, Mount Erie and 3 more.

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Wayne County Transfer on Death Instrument (Tenant in Common Interest) Form

Wayne County Transfer on Death Instrument (Tenant in Common Interest) Form

Fill in the blank Transfer on Death Instrument (Tenant in Common Interest) form formatted to comply with all Illinois recording and content requirements.

Document last validated 10/24/2026
Wayne County Transfer on Death Instrument (Tenant in Common Interest) Guide

Wayne County Transfer on Death Instrument (Tenant in Common Interest) Guide

Line by line guide explaining every blank on the Transfer on Death Instrument (Tenant in Common Interest) form.

Document last validated 10/24/2026
Wayne County Completed Example of the Transfer on Death Instrument (Tenant in Common Interest) Document

Wayne County Completed Example of the Transfer on Death Instrument (Tenant in Common Interest) Document

Example of a properly completed Illinois Transfer on Death Instrument (Tenant in Common Interest) document for reference.

Document last validated 10/24/2026

All 3 documents above included • One-time purchase • No recurring fees

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Important: Your property must be located in Wayne County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Wayne County Clerk/Recorder

Address:
Courthouse - 301 East Main St, Suite 203
Fairfield, Illinois 62837

Hours: 8:00 to 4:30 M-F

Phone: (618) 842-5182

Recording Tips for Wayne County:
  • Bring your driver's license or state-issued photo ID
  • Ensure all signatures are in blue or black ink
  • Recording fees may differ from what's posted online - verify current rates
  • Request a receipt showing your recording numbers
  • Ask about accepted payment methods when you call ahead

Cities and Jurisdictions in Wayne County

Properties in any of these areas use Wayne County forms:

  • Barnhill
  • Cisne
  • Fairfield
  • Geff
  • Golden Gate
  • Johnsonville
  • Keenes
  • Mount Erie
  • Rinard
  • Sims
  • Wayne City

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Wayne County

How do I get my forms?

Forms are available for immediate download after payment. The Wayne County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Wayne County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Wayne County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Wayne County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. The free Adobe Acrobat Reader is recommended, and most PDF apps also work. You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Wayne County?

Recording fees in Wayne County vary. Contact the recorder's office at (618) 842-5182 for current fees.

Questions answered? Let's get started!

One tenant in common can name who takes that owner's undivided interest in Illinois real property at death, on a recorded instrument the other co-owner never signs. The form is built for exactly that owner: a tenant in common designating a beneficiary for his or her own undivided share under the Real Property Transfer on Death Instrument Act, 755 ILCS 27. Illinois calls it a TODI; elsewhere the same device is a transfer on death deed or beneficiary deed.

A share that is the owner's alone to give

Under 765 ILCS 1005/1 a deed to two or more persons that does not expressly declare survivorship creates a tenancy in common, and each tenant in common holds a separate undivided interest that passes at that owner's own death while the other co-owners keep what they held. The Act draws the same line: Section 5 defines a joint owner as a co-owner with a right of survivorship and excludes a tenant in common, so the joint owner rules of Section 70, which postpone a designation to the last death, do not reach this instrument. The owner's undivided interest is property owned by the owner at death under Section 65(a); the designated beneficiary takes it then and holds it in common with whoever holds the rest.

The co-owner is not a party

The form recites that the owner holds an undivided interest as a tenant in common with one or more other persons and makes the instrument as to that interest only, and its operative paragraph states that the instrument does not affect the interest of any other owner, as Section 60(a)(1) provides. The other tenant in common has no signature block and gives nothing, and Section 3 identifies the deed under which the owner took the interest.

Two witnesses, a notary, and the recorder, before death

Illinois signs this instrument with the formality of a will. Under Section 45 the owner signs before two or more credible witnesses, whose written attestation states that the owner executed the instrument in their presence, that the execution was free and voluntary, and that the owner appeared to them of sound mind and memory; the owner's and the witnesses' signatures are then acknowledged in front of a notary public. The form prints the attestation in the statute's substance, two witness blocks, and one acknowledgment certificate naming the owner and both witnesses; a beneficiary who witnesses engages Section 45(c). Section 40 then requires recording before the owner's death with the recorder of each county in which any part of the property lies, or the instrument is void, a condition printed on the form's first page.

What this configuration recites

The form recites exactly one owner, a natural person signing personally, holding an undivided interest as a tenant in common. It recites no marital status, fractional share, or co-owner name, so any size of undivided interest completes the same blanks. Section 4 receives one or more designated beneficiaries of any class the Act permits; two or more named without a stated form of ownership take equal undivided shares with no survivorship under Section 65(a)(2). Unmarried partners who bought a home as tenants in common, each directing his or her own half, and a widow holding an undivided third with her late husband's children after an estate distribution present the pattern this instrument recites. Co-owners holding as joint tenants or by the entirety, two owners on one instrument, a trustee, and an agent under a power of attorney present configurations this form is not set up as. A later instrument of revocation and the Section 75 notice of death affidavit are prepared separately and are not included in this package.

Exempt from transfer tax, prepared by the owner

The instrument carries the preparer statement, return address, tax bill address, permanent index number, and signed exemption statement under paragraph (e) of 35 ILCS 200/31-45 that Illinois recorders look for. Under Section 95 of the Act the instrument is prepared only by a licensed attorney; the same section preserves an owner's own preparation and states that the instrument is not void without it.

The package includes the fillable transfer on death instrument, a completed example filled in for a Kane County fact pattern in which one of two tenants in common names his daughter, and the guide that walks through every section, the signing formalities, and recording. The guide and this description explain the form and the governing Illinois statutes in general terms and are not legal advice.

Important: Your property must be located in Wayne County to use these forms. Documents should be recorded at the county recording office listed above.

This Transfer on Death Instrument (Tenant in Common Interest) meets all recording requirements specific to Wayne County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Wayne County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

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Reply from Staff

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Reply from Staff

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Reply from Staff

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Reply from Staff

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