Illinois Quitclaim Deed Form: Complete Guide & Download Instructions for 2025 

What is an Illinois Quitclaim Deed?

An Illinois quitclaim deed is a legal document used to transfer interest in real property from one party (the grantor) to another party (the grantee) without making any warranties or guarantees about the quality of the title. Unlike warranty deeds that promise clear ownership, Illinois quitclaim deeds simply convey whatever interest the grantor has in the property - if any - with absolutely no guarantees or representations.

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Illinois quitclaim deeds are among the most commonly used property transfer documents in the state, particularly favored for their simplicity and efficiency in transfers between family members, divorce settlements, trust administration, and title corrections. Understanding how to properly complete, execute, and record an Illinois quitclaim deed form is essential for anyone involved in property transfers throughout the Prairie State.

Illinois law governing quitclaim deeds is found primarily in the Illinois Conveyances Act (765 ILCS 5/) and the Illinois Real Property Act. These statutes establish the requirements for valid real estate transfers and the legal effect of quitclaim deed language.

When to Use an Illinois Quitclaim Deed

Common Uses for Illinois Quitclaim Deeds

Family Property Transfers:

• Adding or removing a spouse from property title

• Transferring real estate to children or grandchildren

• Gifts of property between family members

• Transferring property between parents and adult children

• Estate equalization among heirs

• Interfamily property arrangements

Divorce and Legal Separation:

• Transferring one spouse's interest to the other

• Implementing divorce decree property divisions

• Removing ex-spouse from title post-divorce

• Property settlement agreements

• Marital dissolution asset transfers

Estate Planning and Trust Administration:

• Moving property into revocable living trusts

• Transferring real estate out of trusts

• Facilitating trustee changes

• Implementing trust distribution terms

• Estate planning restructuring

Title Corrections and Clarifications:

• Fixing name misspellings on previous deeds

• Correcting legal descriptions

• Adding or removing middle names or suffixes

• Clearing up title clouds or defects

• Resolving boundary disputes

• Correcting vesting errors

Business and Entity Transfers:

• Transferring property between related entities

• LLC to individual transfers

• Partnership property distributions

• Corporate reorganizations

• Business succession planning

Illinois Quitclaim Deed Requirements

To create a valid quitclaim deed in Illinois, you must comply with specific statutory requirements outlined in Illinois law.

Essential Elements of a Valid Illinois Quitclaim Deed

1. Written Document: Illinois law requires all real estate transfers to be in writing under the Illinois Statute of Frauds. Oral property transfer agreements are unenforceable.

2. Proper Parties:

• Grantor: The current owner transferring the property (must be of legal age and legally competent)

• Grantee: The person or entity receiving the property (clearly identified with full legal name)

3. Adequate Consideration: Illinois requires "consideration" (something of value exchanged):

• Monetary payment

• "Love and affection" for family transfers

• "$1.00 and other good and valuable consideration"

• Assumption of debt

• Exchange of property

4. Complete Legal Description: The deed must include the full legal description of the property, typically found on:

• Previous deed

• Property tax statement

• Title insurance policy

• County recorder records

• Survey documents

5. Granting Clause: Specific language conveying the property, such as "conveys and quitclaims" or "remises, releases and forever quitclaims."

6. Property Identification:

• Property Index Number (PIN) or Permanent Index Number

• Street address (for reference)

• County where property is located

• City or township information

7. Signature Requirements:

• Grantor must sign the deed

• Grantee signature is NOT required

• If married and property is homestead, spouse must sign to release homestead rights

• Signature must be acknowledged (notarized)

8. Notarization: The grantor's signature must be acknowledged before an Illinois notary public or other authorized official.

9. Documentary Stamps (if applicable): Illinois requires real estate transfer declarations and may require state and county transfer tax stamps depending on the transaction.

10. Recording: File with the county recorder of deeds in the county where the property is located.

How to Fill Out an Illinois Quitclaim Deed Form

Completing an Illinois quitclaim deed form correctly is crucial to ensure a valid transfer. Here's a step-by-step guide:

Step 1: Download an Illinois-Specific Quitclaim Deed Form

Using a proper Illinois quitclaim deed template is essential. Generic forms downloaded from random websites may not comply with Illinois recording requirements or include necessary statutory language.

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Step 2: Complete the Document Header

Top of First Page: Include:

• Document title: "QUITCLAIM DEED"

• Return address information (where recorded deed should be mailed)

• Preparer information (name and address of person who prepared the deed)

Space for Recorder's Stamp: Leave adequate space (typically upper right or across top) for the county recorder's stamps and file information.

Step 3: State the Consideration

Begin the deed with a statement of consideration:

Examples:

Monetary Consideration: "THIS INDENTURE, made this _____ day of _______, 20, between [Grantor name], hereinafter called the Grantor, and [Grantee name], hereinafter called the Grantee, in consideration of the sum of One Hundred Fifty Thousand Dollars ($150,000.00)..."

Family Transfer: "...in consideration of love and affection and Ten Dollars ($10.00)..."

Nominal Consideration: "...in consideration of One Dollar ($1.00) and other good and valuable consideration..."

Step 4: Identify the Grantor(s)

Enter the complete legal name(s) of the current owner(s) exactly as they appear on the current deed:

Examples:

Single Owner: "John Michael Thompson, an unmarried man, whose address is 123 Oak Street, Springfield, Illinois 62701"

Married Couple: "Robert James Anderson and Mary Elizabeth Anderson, husband and wife, whose address is 456 Maple Avenue, Chicago, Illinois 60601"

Divorced Individual: "Jennifer Lynn Martinez, formerly known as Jennifer Lynn Wilson, a single woman, whose address is..."

Trust as Grantor: "The Johnson Family Trust dated January 15, 2024, Thomas Johnson, Trustee, whose address is..."

Critical: Match the grantor name(s) exactly to the current deed to maintain chain of title.

Step 5: Identify the Grantee(s)

Enter the complete legal name(s) of the person(s) or entity receiving the property:

Single Grantee: "Sarah Ann Davidson, a single woman, whose address is 789 Pine Street, Naperville, Illinois 60540"

Multiple Grantees as Joint Tenants: "Michael David Brown and Jennifer Marie Brown, husband and wife, as joint tenants with right of survivorship and not as tenants in common, whose address is..."

Multiple Grantees as Tenants in Common: "Christopher Lee Wilson, a single man, and Rebecca Ann Taylor, a single woman, as tenants in common, whose address is..."

Important Note: Illinois law presumes joint tenancy when multiple grantees are named, UNLESS the deed specifically states "tenants in common." To create tenancy in common, you must explicitly state it.

Step 6: Insert the Granting Clause

Illinois quitclaim deeds use specific statutory language:

Standard Illinois Quitclaim Language:

"DO HEREBY REMISE, RELEASE, AND FOREVER QUITCLAIM unto the said Grantee, his/her/their heirs and assigns, all the right, title, and interest of the Grantor in and to the following described real estate..."

OR

"CONVEY AND QUITCLAIM to Grantee all interest in the following described property..."

This language is critical - it identifies the deed as a quitclaim and signals no warranties are provided.

Step 7: Insert the Complete Legal Description

Copy the legal description exactly from your current deed or other official source:

Common Illinois Legal Description Formats:

Lot and Block: "Lot 15 in Block 3 of Oak Park Subdivision, being a subdivision of part of the Northeast Quarter of Section 12, Township 38 North, Range 14 East of the Third Principal Meridian, in Cook County, Illinois."

Government Survey: "The East Half of the Northwest Quarter of Section 24, Township 15 North, Range 10 East of the Third Principal Meridian, in Sangamon County, Illinois."

Metes and Bounds: "That part of the Southeast Quarter of Section 36, Township 40 North, Range 11 East of the Third Principal Meridian, in Lake County, Illinois, described as follows: Commencing at the Southeast corner of said Section 36; thence North along the East line of said Section..."

Critical: Even minor errors in the legal description can invalidate the deed or transfer the wrong property.

Step 8: Include Property Identification Information

After the legal description, include:

Property Index Number (PIN): "Permanent Index Number: 12-34-567-890-1234"

The PIN is a unique identifier for the property in Illinois tax records.

Property Address: "Commonly known as: 1234 Main Street, Springfield, Illinois 62701"

County: "Situated in [County Name] County, Illinois"

Step 9: Add Subject To Clause (Optional but Recommended)

Include language protecting against unknown encumbrances:

"Subject to: all easements, restrictions, and encumbrances of record, real estate taxes not yet due and payable, and zoning ordinances."

This protects the grantor from claims about existing encumbrances.

Step 10: Include Homestead Waiver (If Applicable)

If the property is the grantor's homestead (primary residence), include:

"The undersigned grantor(s) hereby release and waive all homestead rights in and to the above-described property."

Both spouses must sign this waiver if married.

Step 11: Signature Section

Grantor Signature: "IN WITNESS WHEREOF, the Grantor has executed this Quitclaim Deed this _____ day of _______, 20.

[Grantor Name], Grantor"

If Multiple Grantors: Each must sign separately with their printed name below signature line.

Spouse Signature (if applicable): If property is homestead and grantor is married, spouse must sign to release homestead rights even if spouse is not on title.

Step 12: Notary Acknowledgment

Illinois requires proper notarial acknowledgment using Illinois statutory form:

Illinois Acknowledgment Format:

State of Illinois  )

                   ) SS

County of [Name]   )

I, [Notary Name], a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that [Grantor Name], personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she signed and delivered the said instrument as his/her free and voluntary act for the uses and purposes therein set forth.

GIVEN under my hand and Notarial Seal this _____ day of __________, 20___.

_________________________________

[Notary Name], Notary Public

My Commission Expires: __________

[Notary Seal]

Critical: The notary must use proper Illinois acknowledgment language. Acknowledgments from other states may not be acceptable.

Step 13: Prepare Real Estate Transfer Declaration

Illinois requires a Real Estate Transfer Declaration (PTAX-203) for most property transfers:

Information Required:

• Property location and PIN

• Seller (grantor) information

• Buyer (grantee) information

• Transfer date

• Sale price or value

• Type of financing

• Property type and use

• Whether transfer is exempt from transfer tax

When Required: Filed with county recorder at time of recording the deed.

Illinois Real Estate Transfer Tax

Understanding Illinois Transfer Tax

Illinois imposes state and county real estate transfer taxes on most property transfers.

Illinois State Transfer Tax:

• Rate: $0.50 per $500 of value (or $1.00 per $1,000)

• Based on full purchase price or fair market value

• Paid via transfer tax stamps affixed to deed

County Transfer Tax:

• Varies by county

• Typically $0.25 per $500 (or $0.50 per $1,000)

• Some counties have no county transfer tax

• Cook County has additional rates

Cook County Rates:

• County tax: $0.25 per $500

• Additional rates for certain property types

• Chicago has separate municipal transfer tax

Example Calculation: $300,000 property in a county with both state and county tax:

• State tax: $300,000 ÷ $500 = 600 × $0.50 = $300

• County tax: $300,000 ÷ $500 = 600 × $0.25 = $150

• Total: $450

Transfer Tax Exemptions

Certain transfers are exempt from Illinois transfer tax:

Common Exemptions:

• Transfers for no consideration

• Gifts between family members (with proper documentation)

• Transfers to or from government entities

• Transfers pursuant to court order

• Certain trust transfers

• Transfers to secure debt

• Corrective deeds

• Transfers between spouses (divorce or otherwise)

Claiming Exemptions: Must indicate exemption type on Real Estate Transfer Declaration and provide supporting documentation.

Recording Your Illinois Quitclaim Deed

Why Recording Matters

While a properly executed quitclaim deed transfers ownership between parties immediately, recording provides crucial legal protections:

Legal Protections:

• Establishes priority in chain of title

• Provides constructive notice to the public

• Protects against subsequent conflicting transfers

• Creates official public record of ownership

• Defends against fraudulent claims by grantor

• Required for most legal purposes

Practical Benefits:

• Proof of ownership for refinancing

• Documentation for property tax purposes

• Evidence for insurance claims

• Required for future property sales

• Protects grantee's interest

Where to Record in Illinois

Record your quitclaim deed with the County Recorder of Deeds in the county where the property is located.

Major Illinois County Recorder Offices:

• Cook County Recorder of Deeds (Chicago area)

• DuPage County Recorder (Wheaton)

• Lake County Recorder (Waukegan)

• Will County Recorder (Joliet)

• Kane County Recorder (Geneva)

• McHenry County Recorder (Woodstock)

• Madison County Recorder (Edwardsville)

• St. Clair County Recorder (Belleville)

• Sangamon County Recorder (Springfield)

• Winnebago County Recorder (Rockford)

• Peoria County Recorder

• Champaign County Recorder

• McLean County Recorder (Bloomington)

• Rock Island County Recorder

Illinois Recording Fees

Recording fees vary by county but generally include:

Typical Fees (2025):

• First page: $12-$25

• Each additional page: $1-$5

• Transfer tax stamps: Based on property value

• Document preparation fee: Some counties charge additional

Cook County Specific:

• Recording: $28 for first four pages, $1 each additional

• Transfer stamps: Varies by property value

• Municipal transfer tax (Chicago): Significant additional amounts

Example Total Cost:

• 3-page deed in suburban county: $30 recording + $450 transfer tax = $480

• Same deed in Cook County/Chicago: May exceed $1,000+ with all taxes

How to Record Your Illinois Quitclaim Deed

In-Person Recording:

1. Bring original signed and notarized deed

2. Bring completed Real Estate Transfer Declaration (PTAX-203)

3. Bring payment for recording fees and transfer tax

4. Visit county recorder during business hours

5. Submit documents at recording window

6. Obtain recording receipt with document number

7. Request certified copy

Mail Recording:

1. Send original deed with cover letter

2. Include completed PTAX-203 form

3. Include check for recording fees and transfer tax

4. Include self-addressed stamped envelope

5. Mail to county recorder of deeds

6. Allow 2-4 weeks for processing and return

Electronic Recording (Where Available): Some Illinois counties accept e-recording:

• Faster processing

• Immediate notification

• Must use approved vendor

• Check county website for availability

After Recording

The county recorder will:

• Review document for compliance

• Stamp with recording date, time, and document number

• Index in public records

• Make available for title searches

• Return recorded original or certified copy to address provided

Important: Keep your recorded deed in a safe place and provide copies to relevant parties (attorney, title company, mortgage lender if applicable).

Illinois Quitclaim Deed and Property Taxes

Property Tax Implications

Illinois property taxes are based on assessed valuations, which can change upon property transfer.

Property Tax Assessment: Illinois assesses property at 33.33% of fair market value (for residential property).

Transfer and Reassessment: Unlike states with transfer-triggered reassessment (like California's Proposition 13), Illinois does not automatically reassess property to market value upon transfer. However:

Reassessment Can Occur:

• County assessor may review upon transfer

• Significant improvements may trigger reassessment

• Regular reassessment cycles apply

• Property characteristics reviewed

Homestead Exemptions: Illinois offers various homestead exemptions:

• General Homestead Exemption

• Senior Citizens Homestead Exemption

• Senior Citizens Assessment Freeze Homestead Exemption

• Returning Veterans' Homestead Exemption

• Disabled Veterans' Standard Homestead Exemption

• Disabled Persons' Homestead Exemption

After Transfer: New owner must apply for applicable homestead exemptions with county assessor.

Real Estate Transfer Declaration

The PTAX-203 form provides the county with essential information:

Purpose:

• Informs county of ownership change

• Provides sales price information

• Helps county track property values

• Supports assessment process

• Required for most transfers

Filing Requirement: Must be filed at time of recording. Failure to file can result in:

• Recording rejection

• Penalties

• Delayed transfer recognition

Common Mistakes When Using Illinois Quitclaim Deeds

Mistake #1: Using Generic or Non-Illinois Forms

Free quitclaim deed downloads may not comply with Illinois requirements:

Risks:

• Incorrect acknowledgment language

• Missing required Illinois disclosures

• Improper format for recording

• No transfer declaration guidance

• Potential recording rejection

• Title problems

Solution: Use Illinois-specific forms prepared for Illinois law.

Mistake #2: Incorrect Legal Description

Even minor errors can create major problems:

Common Errors:

• Typos in section, township, or range numbers

• Wrong lot or block numbers

• Incorrect subdivision names

• Missing portions of descriptions

• Wrong county

Consequences:

• Transfers wrong property

• Creates title gaps

• Recording rejection

• Expensive corrections needed

• Potential litigation

Solution: Copy legal description exactly from current deed. If uncertain, obtain from title company or county recorder.

Mistake #3: Failing to Release Homestead Rights

Illinois homestead rights can complicate transfers:

The Problem: If property is grantor's homestead and spouse doesn't sign, the spouse retains homestead interest even after transfer.

Result:

• Grantee doesn't receive clear title

• Spouse must later execute release

• Title insurance problems

• Cannot sell or refinance easily

Solution: If property is homestead (primary residence), both spouses must sign deed or separate homestead waiver.

Mistake #4: Not Filing Transfer Declaration

Forgetting the PTAX-203 form:

Consequences:

• Recording rejection in many counties

• Penalties up to $500

• Transfer not properly recorded with assessor

• Property tax problems

Solution: Always complete and file Real Estate Transfer Declaration with deed.

Mistake #5: Improper Notarization

Illinois has specific notarization requirements:

Common Problems:

• Expired notary commission

• Missing notary seal

• Incorrect acknowledgment language

• Out-of-state acknowledgment form used

• Notary didn't witness signature

Consequences:

• Recording rejection

• Invalid deed

• Must re-execute entire deed

Solution: Use Illinois notary public with current commission and proper Illinois acknowledgment form.

Mistake #6: Assuming Quitclaim Deeds Clear Title Issues

Quitclaim deeds do NOT:

• Remove liens or judgments

• Resolve boundary disputes

• Clear title defects

• Provide any warranties

• Create ownership if grantor has none

Solution: Obtain title search before accepting quitclaim deed. Address any title issues separately.

Mistake #7: Not Understanding Tenancy Presumptions

Illinois law creates joint tenancy by default for multiple grantees:

The Rule: If deed names multiple grantees without specifying type, Illinois presumes joint tenancy with right of survivorship.

Problem: Parties may intend tenancy in common (no survivorship) but deed creates joint tenancy.

Solution: Explicitly state "as tenants in common" if that's the intended vesting.

Mistake #8: Overlooking Mortgage Issues

Transferring property with existing mortgage:

Issues:

• Quitclaim deed doesn't remove mortgage

• Due-on-sale clause may be triggered

• Original borrower still liable

• Lender may demand full payment

Solution:

• Review mortgage documents

• Contact lender before transfer

• Consider formal assumption

• Understand continuing liability

Mistake #9: Not Providing Adequate Consideration

Illinois requires consideration for valid transfer:

Problem: Deeds stating "no consideration" or omitting consideration may be challenged.

Solution: Always state consideration:

• Actual amount for sales

• "Love and affection" for gifts

• "$1.00 and other valuable consideration" minimum

Mistake #10: Using Quitclaim Deed for Purchase Transaction

Buyers purchasing from strangers or arm's-length transactions should NOT accept quitclaim deeds:

Why:

• No warranties or protections

• Title may be defective

• Liens may exist

• Prior transfers may exist

• Title insurance difficult to obtain

Solution: For purchase transactions, insist on warranty deed with title insurance. Save quitclaim deeds for family transfers and known situations.

Illinois Quitclaim Deed Download Options

Free Quitclaim Deed PDF Templates

Many websites offer free Illinois quitclaim deed PDF downloads. However, free templates often have significant drawbacks:

Risks of Free Downloads:

• May not comply with current Illinois law

• Often lack state-specific requirements

• Typically missing crucial instructions

• No guidance on Real Estate Transfer Declaration

• Potential recording rejections

• No professional support if questions arise

• May not be updated for law changes

Professional Quitclaim Deed Forms

Professionally prepared Illinois quitclaim deed forms provide comprehensive protection:

What's Included:

• Current Illinois statutory compliance

• Proper Illinois acknowledgment forms

• Detailed step-by-step completion instructions

• Real Estate Transfer Declaration (PTAX-203) guidance

• Recording requirements by county

• Sample completed deeds

• Homestead waiver language

• Transfer tax calculation guidance

• Access to customer support

• Updates for law changes

Download comprehensive Illinois quitclaim deed forms: Get Professional Forms Here

Illinois Quitclaim Deed for Specific Situations

Adding a Spouse to Title

Process:

1. Obtain current deed showing your sole ownership

2. Prepare quitclaim deed from yourself to you and your spouse

3. Example: "John Smith, an unmarried man" to "John Smith and Mary Smith, husband and wife, as joint tenants with right of survivorship"

4. Execute before notary

5. Record with county recorder

6. File PTAX-203 (may be exempt from transfer tax)

Benefits:

• Avoids probate for the property

• Creates joint tenancy with survivorship

• Simple estate planning tool

• Usually exempt from transfer tax

Removing a Spouse After Divorce

Process:

1. Obtain certified copy of divorce decree

2. Prepare quitclaim deed from both spouses to one spouse

3. Both parties execute before notary (or per divorce order)

4. Record deed

5. File PTAX-203 (usually exempt from transfer tax)

Important: Verify divorce decree addresses property division. Follow court order exactly.

Transferring to Children or Family

Process:

1. Determine desired ownership structure

2. Prepare quitclaim deed to family members

3. Specify joint tenancy or tenancy in common

4. Execute before notary

5. Record deed

6. File PTAX-203 (may be exempt as gift)

Tax Considerations:

• May be exempt from transfer tax as gift

• Consider gift tax implications (federal)

• Property tax reassessment possible

• Capital gains basis considerations (carryover basis)

Transferring Property into Trust

Process:

1. Prepare quitclaim deed from individual to trustee

2. Name trustee properly: "John Smith, Trustee of the Smith Family Trust dated January 1, 2025"

3. Execute before notary

4. Record deed

5. File PTAX-203 (often exempt from transfer tax)

Benefits:

• Avoids probate

• Facilitates trust administration

• Maintains privacy

• Simplifies estate planning

• Usually exempt from Illinois transfer tax

Correcting Title Errors

Process:

1. Identify error on existing deed

2. Prepare corrective quitclaim deed

3. Reference original deed by document number

4. Correct the error (spelling, legal description, etc.)

5. Execute and record

6. File PTAX-203 (typically exempt as corrective deed)

Common Corrections:

• Name misspellings

• Incorrect middle initials

• Wrong legal description

• Missing suffixes (Jr., Sr., III)

Illinois Quitclaim Deed Checklist

Before recording your Illinois quitclaim deed, verify:

Document Preparation:

• [ ] Illinois-specific quitclaim deed form used

• [ ] Document titled "QUITCLAIM DEED"

• [ ] Return address included

• [ ] Preparer information completed

• [ ] Consideration stated

• [ ] Grantor name(s) exactly match current deed

• [ ] Grantor address included

• [ ] Grantee name(s) complete and correct

• [ ] Grantee vesting specified (joint tenancy vs. tenancy in common)

• [ ] Grantee address included

• [ ] Granting clause includes "quitclaim" language

• [ ] Legal description copied exactly

• [ ] Property address included

• [ ] PIN (Permanent Index Number) included

• [ ] County identified

• [ ] Homestead waiver included (if applicable)

• [ ] Subject to clause included (recommended)

Execution:

• [ ] Grantor(s) signed

• [ ] Spouse signed if homestead property

• [ ] Signatures witnessed by notary

• [ ] Valid government ID presented to notary

• [ ] Illinois acknowledgment form used

• [ ] Notary seal affixed

• [ ] Notary commission current and noted

• [ ] All required acknowledgment elements present

Recording Preparation:

• [ ] Original signed and notarized deed

• [ ] Real Estate Transfer Declaration (PTAX-203) completed

• [ ] Transfer tax calculated

• [ ] Exemption claimed if applicable

• [ ] Recording fees calculated

• [ ] Payment method ready (check/cash)

• [ ] Return address for certified copy

• [ ] Contact information for recorder questions

Post-Recording:

• [ ] Certified copy obtained

• [ ] Copy stored in safe place

• [ ] Copy provided to grantee

• [ ] Copy with estate planning documents

• [ ] Title insurance notified (if applicable)

• [ ] Homeowners insurance updated

• [ ] Property tax assessor notified (via PTAX-203)

Frequently Asked Questions About Illinois Quitclaim Deeds

Can I download a free Illinois quitclaim deed form?

Yes, free quitclaim deed forms are available online. However, free downloads often lack current Illinois requirements, detailed instructions, and transfer declaration guidance. For reliable, comprehensive forms, consider professionally prepared templates.

Get professional Illinois quitclaim deed forms: Download Now

Do I need an attorney to prepare an Illinois quitclaim deed?

Illinois law doesn't require attorney involvement for quitclaim deeds. However, attorney guidance is wise for:

• Complex situations

• Valuable properties

• Unclear ownership issues

• Divorce settlements

• Business entity transfers

• Tax planning concerns

How much does it cost to file a quitclaim deed in Illinois?

Recording Fees: Vary by county, typically $12-$30 for first page, $1-$5 per additional page.

Transfer Tax:

• State: $0.50 per $500 of value

• County: Typically $0.25 per $500 (varies by county)

• Cook County/Chicago: Significantly higher rates

Total Example: $250,000 property in typical county:

• Recording: $20

• State transfer tax: $250

• County transfer tax: $125

• Total: $395

(May be exempt for certain transfers like gifts, divorce, trusts)

Do both parties need to sign a quitclaim deed in Illinois?

No. Only the grantor (current owner) must sign. The grantee's signature is not required.

Exception: If property is grantor's homestead and grantor is married, spouse must also sign to release homestead rights.

How long does it take to record a quitclaim deed in Illinois?

In-Person Recording: Same day - immediate recording with receipt

Mail Recording: 2-4 weeks for processing and return of recorded deed

Electronic Recording: Same day or next day (where available)

Can a quitclaim deed be reversed or canceled in Illinois?

Once a quitclaim deed is properly executed, delivered, and recorded, it generally cannot be unilaterally revoked.

Possible Remedies:

• Grantee voluntarily deeds property back (requires cooperation)

• Mutual rescission agreement

• Court action proving fraud, duress, lack of capacity

• Deed reformation for mistakes

Prevention: Understand what you're signing. Quitclaim deeds create permanent transfers.

What's the difference between joint tenancy and tenancy in common in Illinois?

Joint Tenancy:

• Right of survivorship (property automatically passes to survivor)

• Equal ownership shares required

• Illinois default for multiple grantees

• Avoids probate upon death

Tenancy in Common:

• No automatic survivorship

• Ownership shares can be unequal

• Each owner's share passes through their estate

• Must be explicitly stated in deed

Critical: Illinois presumes joint tenancy unless deed specifically states "tenants in common."

Can I use a quitclaim deed if there's a mortgage on the property?

Yes, but important considerations:

What Happens:

• Mortgage stays on property

• Quitclaim deed doesn't release grantor from mortgage obligation

• Grantee takes property "subject to" mortgage

• May trigger due-on-sale clause

Solution:

• Review mortgage documents

• Contact lender before transfer

• Consider formal loan assumption

• Understand continuing liability

Do I need title insurance when receiving a quitclaim deed?

Highly Recommended, especially if:

• Receiving property from non-family member

• Unclear title history

• Purchasing property (shouldn't use quitclaim for purchases anyway)

• Property has value

Why: Quitclaim deeds provide zero warranty. Title insurance protects against:

• Unknown liens

• Title defects

• Prior undisclosed transfers

• Forgeries in chain of title

• Boundary disputes

What is a Permanent Index Number (PIN) and where do I find it?

What It Is: Unique identifier for the property assigned by county assessor/treasurer.

Format: Typically 14 digits, may include hyphens Example: 12-34-567-890-1234

Where to Find:

• Property tax bill

• Assessment notice

• Previous deed

• County assessor website

• County treasurer website

Why Important: Used for property tax records, recording indexing, and property identification.

Can I use an Illinois quitclaim deed for property in another state?

No. Each state has its own real estate laws and deed requirements. An Illinois quitclaim deed should only be used for property located in Illinois.

For Out-of-State Property:

• Use deed form specific to that state

• Follow that state's requirements

• Record in that state's county

• Comply with that state's transfer taxes

Is a quitclaim deed the same as a deed of trust?

No, completely different documents:

Quitclaim Deed:

• Transfers ownership of property

• Conveys title from grantor to grantee

• Used for property transfers

Deed of Trust:

• Security instrument (like a mortgage)

• Secures a loan with property as collateral

• Gives lender foreclosure rights if borrower defaults

• Used in financing transactions

Illinois Quitclaim Deed vs. Warranty Deed

Key Differences

Quitclaim Deed:

• No warranties about title quality

• Transfers only what grantor actually owns (if anything)

• Fast and simple

• Lower cost

• Suitable for known parties

• Common for family transfers

• No liability for grantor

Warranty Deed:

• Grantor guarantees clear title

• Grantor warrants against all title defects

• Comprehensive protection for grantee

• Higher scrutiny required

• Required by most lenders

• Standard for purchase transactions

• Grantor has significant potential liability

When to Use Each Type

Use Quitclaim Deeds For:

• Family transfers between trusted parties

• Adding/removing spouse from title

• Divorce property transfers

• Trust transfers

• Title corrections

• Property gifts

• Estate planning between relatives

Use Warranty Deeds For:

• Arms-length sales to third parties

• Transfers to strangers

• Transactions requiring title insurance

• Purchase transactions with financing

• Any situation where grantee needs protection

• Standard real estate purchases

Real-Life Illinois Quitclaim Deed Scenarios

Scenario 1: Adding Spouse to Title

Situation: John owns a home in Naperville (DuPage County) he purchased before marriage. He wants to add his wife Mary to the title.

Solution: John executes quitclaim deed from "John Smith, a married man" to "John Smith and Mary Smith, husband and wife, as joint tenants with right of survivorship."

Process:

1. Prepare quitclaim deed

2. Execute before notary

3. Record with DuPage County Recorder

4. File PTAX-203 (exempt as interspousal transfer)

Benefits:

• Creates joint tenancy with survivorship

• Property avoids probate

• No transfer tax (exempt)

• Simple process

Outcome: Mary now co-owns property with survivorship rights. If John dies, property automatically passes to Mary without probate.

Scenario 2: Divorce Property Transfer

Situation: Robert and Jennifer are divorcing. Per divorce decree, Jennifer keeps the Chicago condo. Both are currently on title.

Solution: Both execute quitclaim deed from "Robert Anderson and Jennifer Anderson, husband and wife" to "Jennifer Anderson, a single woman."

Process:

1. Obtain certified copy of divorce decree

2. Prepare quitclaim deed per decree terms

3. Both sign before notary

4. Record with Cook County Recorder

5. File PTAX-203 (exempt - divorce transfer)

6. Jennifer refinances mortgage in her name only

Important Considerations:

• Robert remains liable on existing mortgage until refinanced

• Transfer exempt from Illinois transfer tax

• Jennifer must apply for homestead exemption in her name

Outcome: Jennifer receives sole ownership. Robert removed from title but remains on mortgage until refinance completes.

Scenario 3: Trust Transfer for Estate Planning

Situation: The Williams family (Peoria County) wants to transfer their home into their revocable living trust to avoid probate.

Solution: Execute quitclaim deed from "Thomas Williams and Susan Williams, husband and wife" to "Thomas Williams and Susan Williams, Trustees of the Williams Family Trust dated March 1, 2025."

Process:

1. Create revocable living trust

2. Prepare quitclaim deed to trustees

3. Execute before notary

4. Record with Peoria County Recorder

5. File PTAX-203 (exempt - trust transfer)

Benefits:

• Property avoids probate

• Maintains control during lifetime

• Can revoke trust anytime

• Privacy in estate administration

• No transfer tax

Outcome: Property successfully transferred to trust. Williams maintain complete control. Upon death, successor trustee administers per trust terms without probate.

Scenario 4: Parents Gifting Property to Child

Situation: Parents in Springfield (Sangamon County) want to gift rental property to their daughter.

Solution: Parents execute quitclaim deed conveying property to daughter.

Process:

1. Prepare quitclaim deed

2. State consideration: "for love and affection and $10"

3. Execute before notary

4. Record with Sangamon County Recorder

5. File PTAX-203 (may be exempt as gift)

Tax Considerations:

• Illinois transfer tax may be exempt for family gift

• Federal gift tax return required if value exceeds annual exclusion

• Daughter receives parents' carryover basis (no step-up)

• Property tax reassessment possible

Better Alternative Consideration: Parents might consider retaining property until death for:

• Stepped-up basis for daughter (eliminating capital gains)

• Continued depreciation deductions for parents

• Protection from daughter's creditors during parents' lifetime

Outcome: Daughter receives property but with carryover basis. May face significant capital gains tax if she sells. Parents should have consulted estate planning attorney first.

Scenario 5: Correcting Title Error

Situation: Previous deed recorded grantor's name as "Christoper" instead of "Christopher." Need to correct for refinancing.

Solution: Execute corrective quitclaim deed with proper spelling.

Process:

1. Prepare quitclaim deed from "Christoper Davis" to "Christopher Davis"

2. Reference original deed by document number

3. State purpose: "Corrective deed to correct spelling error"

4. Execute before notary

5. Record with county recorder

6. File PTAX-203 (exempt - corrective deed)

Outcome: Title corrected. Christopher can proceed with refinancing. No transfer tax due (corrective deed exemption).

Taking Action: Your Illinois Quitclaim Deed Implementation Plan

Phase 1: Information Gathering (1-2 days)

• [ ] Locate current property deed

• [ ] Obtain property tax statement for PIN

• [ ] Confirm exact legal description

• [ ] List all intended grantees with complete legal names

• [ ] Decide on vesting type (joint tenancy vs. tenancy in common)

• [ ] Gather government-issued identification

• [ ] Review existing estate planning documents

• [ ] Check for any mortgages or liens

Phase 2: Analysis and Planning (1-2 days)

• [ ] Determine if quitclaim deed is appropriate (vs. warranty deed)

• [ ] Review transfer tax implications

• [ ] Consider exemptions from transfer tax

• [ ] Evaluate property tax reassessment risk

• [ ] Review mortgage due-on-sale clause concerns

• [ ] Consider gift tax implications if applicable

• [ ] Evaluate capital gains basis issues

• [ ] Determine if homestead waiver needed

Phase 3: Document Preparation (1-2 days)

• [ ] Download or obtain Illinois quitclaim deed forms

• [ ] Review all instructions thoroughly

• [ ] Complete quitclaim deed form carefully

• [ ] Verify all information is accurate

• [ ] Double-check legal description

• [ ] Ensure proper granting language included

• [ ] Prepare Real Estate Transfer Declaration (PTAX-203)

• [ ] Calculate transfer taxes or claim exemption

Phase 4: Execution (1 day)

• [ ] Schedule notary appointment

• [ ] Bring valid government-issued ID

• [ ] Bring completed quitclaim deed

• [ ] Sign in notary's physical presence

• [ ] Verify notary completes Illinois acknowledgment properly

• [ ] Confirm notary seal is affixed clearly

• [ ] Obtain signed original

Phase 5: Recording (1-5 days)

• [ ] Determine correct county for recording

• [ ] Calculate recording fees

• [ ] Calculate transfer taxes

• [ ] Prepare payment (check or money order)

• [ ] Include return address

• [ ] Request certified copy

• [ ] Submit PTAX-203 form with deed

• [ ] File in person or by mail

• [ ] Confirm receipt of recorded deed

Phase 6: Post-Recording

• [ ] Obtain certified copy of recorded deed

• [ ] Store in safe location (fireproof safe or safe deposit box)

• [ ] Provide copy to grantee

• [ ] File with estate planning documents

• [ ] Update homeowner's insurance

• [ ] Notify mortgage lender (if applicable)

• [ ] Apply for homestead exemptions (if grantee will occupy)

• [ ] Update property tax information

Phase 7: Ongoing Maintenance

• [ ] Review property ownership periodically

• [ ] Update if circumstances change

• [ ] Coordinate with overall estate plan

• [ ] Keep clear records

• [ ] Maintain copies of all documents

Professional Support for Your Illinois Quitclaim Deed

Document Preparation Services

Properly preparing your quitclaim deed ensures compliance with Illinois law:

Professional Forms Include:

• Current Illinois statutory compliance

• Proper Illinois acknowledgment forms

• Detailed completion instructions

• Real Estate Transfer Declaration guidance

• Recording requirements by county

• Sample completed deeds

• Transfer tax calculation worksheets

• Access to customer support

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When to Seek Attorney Guidance

While many Illinois residents successfully use quitclaim deed forms for straightforward situations, certain circumstances warrant professional legal guidance:

Complex Situations:

• Blended families with children from multiple marriages

• Significant value properties requiring tax planning

• Business entities involved in transfer

• Multiple properties

• Unclear title or ownership disputes

• Commercial property transfers

Legal Issues:

• Divorce settlements with complex terms

• Estate administration with multiple heirs

• Contested ownership claims

• Boundary disputes

• Title defects requiring resolution

Tax Planning:

• Properties with significant appreciation

• Gift tax concerns

• Estate tax planning

• Basis step-up considerations

• Transfer tax minimization

When DIY Quitclaim Deed Forms Are Appropriate

Many Illinois property owners successfully use professionally prepared forms for:

Straightforward Situations:

• Simple family transfers

• Adding spouse to title

• Trust transfers for estate planning

• Uncontested divorce transfers

• Title corrections

• Clear ownership situations

Get started with professional Illinois quitclaim deed forms: Download Complete Package

Illinois County-Specific Information

Cook County Considerations

Special Requirements:

• Higher transfer taxes (county + municipal in Chicago)

• Volume of recordings may mean longer processing

• Strict format requirements

• Additional scrutiny of documents

Transfer Tax Rates:

• County: $0.25 per $500

• Chicago: $3.75 per $500 (for properties under $250K), higher for expensive properties

• Significantly higher costs than other Illinois counties

Recording Office: Cook County Recorder of Deeds 118 N. Clark Street Chicago, IL 60602

Collar County Differences

DuPage, Lake, Will, Kane, McHenry Counties:

• Lower transfer tax rates than Cook County

• Faster processing times

• Less volume, more personalized service

• Slightly different recording procedures

Typical Rates:

• State: $0.50 per $500

• County: $0.25 per $500 (or none in some counties)

Downstate Illinois

Central and Southern Illinois Counties:

• Even lower transfer taxes

• Smaller recorder offices

• May have limited hours

• More flexible with minor format issues

• Personal service common

Examples:

• Sangamon County (Springfield)

• Peoria County

• Champaign County

• Madison County (Edwardsville)

• St. Clair County (Belleville)

Conclusion: Simplify Your Illinois Property Transfer

Illinois quitclaim deeds provide an efficient, cost-effective method for transferring real estate in appropriate situations. By understanding the requirements, using proper forms, ensuring correct execution, and filing required documents timely, you can successfully complete your property transfer.

Key Takeaways:

✓ Use Illinois-Specific Forms - Generic forms may not comply with Illinois law ✓ Copy Legal Descriptions Exactly - Even minor errors invalidate the deed ✓ Execute with Proper Notarization - Illinois acknowledgment forms required ✓ Record with County Recorder - In county where property is located ✓ File Transfer Declaration (PTAX-203) - Required within specified timeframe ✓ Understand Tenancy Types - Illinois presumes joint tenancy for multiple grantees ✓ Address Homestead Rights - Spouse must sign if homestead property ✓ Calculate Transfer Taxes - Or claim appropriate exemptions ✓ Keep Copies of All Documents - Store permanently with important records

Ready to Start Your Property Transfer?

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What's Included:

• Illinois-compliant quitclaim deed templates

• Step-by-step completion instructions

• Illinois acknowledgment forms

• Real Estate Transfer Declaration (PTAX-203) guidance

• Transfer tax calculation worksheets

• Recording requirements for all Illinois counties

• Sample completed deeds

• Homestead waiver language

• Access to customer support

Don't leave your property transfer to chance. Use professional forms, proper execution, and expert guidance to ensure your Illinois quitclaim deed accomplishes your goals without complications.

Protect Your Transfer. Follow Illinois Law. Complete Your Deed Properly.

Whether you're adding a spouse to title, transferring property to children, implementing a divorce settlement, or moving property into a trust, properly prepared Illinois quitclaim deed forms ensure your transfer is legally valid and properly recorded.

Start your Illinois property transfer today: Get Illinois Quitclaim Deed Forms

This article provides general information about Illinois quitclaim deeds and should not be considered legal advice. Property transfers, real estate law, and tax matters involve complex legal implications that vary based on individual circumstances. Illinois real estate laws, transfer taxes, and recording requirements are subject to change and vary by county. Consult with qualified Illinois real estate attorneys, title professionals, and tax advisors to discuss your specific situation and needs before executing any property transfer documents.