Illinois Transfer on Death Deed: Complete Guide & Forms for 2025 

What is an Illinois Transfer on Death Instrument?

An Illinois Transfer on Death Instrument (TODI), also known as a beneficiary deed or Illinois TOD deed, is a powerful estate planning tool that allows Illinois property owners to transfer real estate to named beneficiaries automatically upon death - completely avoiding probate court. This specialized deed lets you retain complete ownership and control of your property during your lifetime while designating who will inherit it when you die.

Download comprehensive Illinois Transfer on Death Instrument forms: Get Professional TODI Package

Illinois's Transfer on Death Instrument law (Illinois Compiled Statutes 755 ILCS 27/) became effective January 1, 2012, making Illinois one of approximately 30 states that recognize this efficient property transfer method. Unlike traditional deeds that transfer ownership immediately, an Illinois TODI creates a "beneficiary interest" that only becomes effective upon the property owner's death, providing the perfect balance: current control with future transfer certainty.

The Illinois legislature specifically designed TODIs to provide a simple, affordable probate avoidance tool for Illinois residents, particularly beneficial for seniors and those with modest estates who want to ensure their home passes directly to loved ones.

How Illinois Transfer on Death Instruments Work

The Basic Process

During Your Lifetime:

• You (the owner) retain 100% ownership and control

• You can sell, mortgage, lease, or modify the property freely

• You can revoke or change the TODI at any time

• Beneficiaries have absolutely no current rights or claims

• Property remains fully in your name for all purposes

Upon Your Death:

• Property automatically transfers to your named beneficiaries

• No probate court proceedings required

• No attorney fees for the transfer itself

• Beneficiaries file your death certificate with the county recorder

• Beneficiaries receive stepped-up basis for capital gains purposes

• Transfer typically takes days instead of months or years

Key Features of Illinois TODIs

Complete Control Retained: Unlike traditional life estate deeds or irrevocable transfers, you maintain absolute control. You don't need beneficiary permission to sell, refinance, or make any property decisions.

Fully Revocable: Change your mind? No problem. You can revoke or modify the TODI anytime during your life by recording a revocation or new TODI.

Probate Avoidance: The property passes directly to beneficiaries outside of probate, saving thousands in legal fees and months (or years) of court proceedings.

Creditor Protection: Property transferred via TODI typically isn't subject to your estate creditors, and beneficiaries receive it free from most of your debts.

Homestead Preservation: You maintain all homestead exemptions and rights during your lifetime.

Medicaid Planning Considerations: Illinois TODIs may offer certain advantages for Medicaid estate recovery planning, though this is a complex area requiring professional guidance.

Illinois Transfer on Death Instrument Requirements

To create a valid transfer on death instrument in Illinois, you must comply with specific statutory requirements under 755 ILCS 27/.

Essential Elements of a Valid Illinois TODI

1. Proper Document Title: Must be titled "Transfer on Death Instrument" or use substantially similar language clearly indicating its nature.

2. Statutory Form Compliance: Illinois law provides a statutory form in 755 ILCS 27/25. While not mandatory to use the exact form, substantial compliance is required.

3. Owner Identification: Clear identification of the current owner(s) with:

• Complete legal name(s)

• Marital status

• Current address

4. Beneficiary Designation: Clear identification of beneficiary(ies) with:

• Complete legal name(s)

• Address

• Relationship to owner (optional but helpful)

5. Complete Legal Description: Accurate legal description of the property from:

• Current deed

• Property tax statement

• Title insurance policy

• County recorder records

6. Property Identification:

• Property Index Number (PIN) or Permanent Index Number

• Property street address

• County location

7. Required Statutory Language: Illinois law requires specific language including:

• Statement that transfer occurs at death

• Statement that instrument is revocable

• Designation of beneficiaries

• Property description

• Signature requirements

8. Execution Requirements:

• Signed by owner before two witnesses AND a notary public

• Properly notarized using Illinois acknowledgment

• Witnesses cannot be beneficiaries

• Dated

9. Recording Requirement: Must be recorded with the county recorder BEFORE the owner's death. An unrecorded TODI is invalid.

10. Notice to Beneficiaries (Optional): While not required, notifying beneficiaries of the TODI is recommended practice.

Benefits of Illinois Transfer on Death Instruments

1. Complete Probate Avoidance

Illinois probate is expensive and time-consuming:

Typical Illinois Probate Costs:

• Attorney fees: $3,000-$10,000+ (often 3-5% of estate value)

• Court filing fees: $350-$500

• Publication costs: $100-$300

• Bond premiums: 0.5-1% of estate value

• Appraisal fees: $300-$800

• Executor/Administrator fees: Often 2-3% of estate value

• Miscellaneous costs: $500-$2,000

Example Probate Cost: $400,000 home:

• Attorney fees: $12,000-$16,000

• Executor fees: $8,000-$12,000

• Court and other costs: $2,000+

• Total: $22,000-$30,000+

• Time: 12-24 months

With Transfer on Death Instrument:

• Attorney fees: $0

• Court fees: $0

• Time: Days to weeks

• Recording fee: $25-$50

• Total savings: $22,000-$30,000+ and 12-24 months

2. Retain Complete Control During Life

Unlike irrevocable trusts or traditional life estates:

• Sell the property and keep all proceeds

• Mortgage or refinance without restrictions

• Lease to tenants

• Make improvements or changes

• Live in or use the property freely

• Change beneficiaries at any time

• Revoke the TODI entirely if circumstances change

You maintain 100% ownership with zero input required from beneficiaries.

3. Protection from Estate Creditors

Property transferred via TODI typically isn't subject to creditor claims against your estate:

Protection Benefits:

• Beneficiaries receive property free from most of your debts

• Creditors generally cannot reach TODI property

• Priority over general creditor claims

• Protects family home from estate debts

Exceptions:

• Federal tax liens may attach

• Secured debts (mortgages) remain on property

• Fraudulent transfer claims in limited circumstances

4. Capital Gains Tax Advantages

Beneficiaries receive a "stepped-up basis" equal to the property's fair market value at your death:

Example:

• Property purchased: 1990 for $80,000

• Value at death: $350,000

• Appreciation: $270,000

If transferred during life (gift):

• Beneficiary's basis: $80,000 (carryover basis)

• If sold for $350,000: $270,000 taxable gain

• Capital gains tax: ~$54,000 (20% federal rate)

If transferred at death via TODI:

• Beneficiary's basis: $350,000 (stepped-up)

• If sold for $350,000: $0 taxable gain

• Tax savings: $54,000

5. Flexibility and Reversibility

Change your mind? Life circumstances change?

• Revoke the TODI by recording a revocation

• Create a new TODI naming different beneficiaries

• Sell the property (automatically revokes TODI)

• No one's permission needed

• Complete flexibility until death

6. Cost-Effective Estate Planning

Compared to alternatives:

Living Trust:

• Creation cost: $1,500-$3,500+

• Ongoing administration required

• Must retitle all assets

• Annual maintenance

TODI:

• Creation cost: $200-$800

• No ongoing administration

• One-time recording per property

• Set it and forget it

For simple estates with primarily real estate, TODIs offer significant cost savings.

7. Privacy and Simplicity

Unlike wills that become public records through probate:

• TODIs maintain privacy (not public like probate)

• No published notices

• Simple transfer process

• Minimal paperwork for beneficiaries

• Family matters stay private

8. Homestead Rights Preservation

During your lifetime, you continue to:

• Qualify for homestead exemptions

• Maintain all property tax benefits

• Retain homestead bankruptcy protections

• Keep all homeowner rights

Illinois Transfer on Death Instrument Forms and Templates

Finding Reliable Illinois TODI Forms

When searching for Illinois transfer on death instrument forms to download, quality and accuracy are critical. Many websites offer free templates, but using improper forms can result in serious problems.

Risks of Inadequate Forms:

• Missing required statutory language

• Incorrect witness and notarization requirements

• Non-compliance with Illinois TODI law requirements

• Improper formatting for recording

• No guidance on execution requirements

• Potential invalidity of the entire instrument

• Recording rejections

• Unintended tax consequences

Professional Illinois Transfer on Death Instrument Package

Professionally prepared Illinois TODI forms provide comprehensive protection:

What's Included:

• Illinois-specific TODI templates compliant with 755 ILCS 27/

• All required statutory language

• Detailed step-by-step completion instructions

• Revocation of TODI templates

• Affidavit of death templates

• Recording requirements checklist

• Sample completed TODIs

• Witness and notarization guidance

• Real Estate Transfer Declaration (PTAX-203) guidance

• Access to customer support

• Updates for law changes

Download comprehensive Illinois Transfer on Death Instrument forms: Get Professional TODI Package

How to Complete an Illinois Transfer on Death Instrument: Step-by-Step

Step 1: Gather Required Information

Before completing your transfer on death instrument form, collect:

Property Information:

• Current deed (for exact legal description)

• Property tax statement (for PIN)

• Property address

• County location

Party Information:

• Your complete legal name (as shown on current deed)

• Your marital status

• Your address

• Beneficiaries' complete legal names

• Beneficiaries' addresses

• Beneficiaries' relationship to you (optional)

Supporting Documents:

• Government-issued photo ID

• Proof of current ownership

• List of any mortgages (if applicable)

Step 2: Download or Obtain Illinois TODI Form

Use Illinois-specific forms that comply with 755 ILCS 27/. The statute provides a statutory form, but professionally prepared forms often include helpful guidance and instructions.

Get professional Illinois TODI forms: Download Now

Step 3: Complete the Document Header

Title the Document: "TRANSFER ON DEATH INSTRUMENT"

This exact or substantially similar language is required by Illinois law.

Include:

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

• Return address for recorded instrument

• Space for county recorder's stamp

Step 4: Complete the Owner Section

Identify yourself as the current owner:

Format: "I, [Your Full Name], [marital status], whose address is [Your Complete Address], am the owner of the real property described below."

Examples:

Single Owner: "I, Robert James Anderson, an unmarried man, whose address is 123 Oak Street, Springfield, Illinois 62701..."

Married Owner: "I, Michael David Thompson, a married man, whose address is 456 Maple Avenue, Chicago, Illinois 60601..."

Widow/Widower: "I, Mary Elizabeth Johnson, a widow, whose address is 789 Pine Street, Naperville, Illinois 60540..."

Critical: Your name must match your current deed exactly to maintain chain of title.

Step 5: Insert the Legal Description

Copy the complete legal description exactly from your current deed:

Example Formats:

Lot and Block: "Lot 8 in Block 12 of Fairview Subdivision, being a subdivision of part of the Northwest Quarter of Section 15, Township 37 North, Range 9 East of the Third Principal Meridian, in DuPage County, Illinois."

Government Survey: "The South Half of the Northeast Quarter of Section 22, Township 14 North, Range 11 East of the Third Principal Meridian, in Sangamon County, Illinois."

Condominium: "Unit 405 in Oak Park Condominium, as delineated and defined in the condominium property declaration recorded as Document No. 2015-0123456, in the office of the Recorder of Deeds of Cook County, Illinois, together with its undivided percentage interest in the common elements."

Critical: Copy exactly. Even minor errors can invalidate the TODI or transfer wrong property.

Step 6: Include Property Identification

After the legal description, include:

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

Commonly known as: 1234 Main Street, Springfield, Illinois 62701

Located in [County Name] County, Illinois"

Step 7: Name Your Beneficiaries

Clearly identify who will inherit the property:

Single Beneficiary: "I designate the following beneficiary to receive the property described above on my death: Sarah Ann Martinez, whose address is 456 Oak Avenue, Chicago, Illinois 60601."

Multiple Beneficiaries (Equal Shares): "I designate the following beneficiaries to receive the property described above in equal shares as joint tenants with right of survivorship on my death:

1. Michael David Brown, whose address is 789 Elm Street, Naperville, IL 60540

2. Jennifer Lynn Brown, whose address is 321 Pine Avenue, Springfield, IL 62701"

Multiple Beneficiaries (Unequal Shares): "I designate the following beneficiaries to receive the property described above on my death:

1. Christopher Lee (60% interest as tenant in common), address: [address]

2. Rebecca Ann Lee (40% interest as tenant in common), address: [address]"

Contingent/Alternate Beneficiaries: Illinois law allows naming alternate beneficiaries:

"If Sarah Ann Martinez does not survive me, then to Michael David Martinez, whose address is [address]."

Important Illinois Rule: If you name multiple beneficiaries without specifying how they take title, Illinois law presumes they take as joint tenants with right of survivorship (not tenants in common). If you want tenancy in common, you must explicitly state it.

Step 8: Include Required Statutory Statements

Illinois law requires specific statements in the TODI:

Required Language:

"I understand that:

• I can revoke this instrument at any time before my death by recording a revocation.

• This instrument is not effective unless it is recorded before my death in the office of the recorder of the county where the property is located.

• This instrument is not effective unless I am the owner of the property at the time of my death.

• Recording this instrument may affect my property taxes and my ability to transfer this property during my lifetime.

• This instrument does not affect the rights of my creditors.

• Signature by one spouse does not affect the right of any other spouse to homestead and dower."

Step 9: Sign Before Two Witnesses AND a Notary

Critical Illinois Requirement: Illinois TODIs require BOTH witnesses AND notarization. This is different from many other states.

Execution Requirements:

• Owner must sign in presence of two witnesses

• Two witnesses must watch owner sign and then sign themselves

• Witnesses cannot be beneficiaries under the TODI

• Witnesses cannot be spouses of beneficiaries

• After witnesses sign, notary must acknowledge owner's signature

Witness Qualifications:

• Must be 18 or older

• Cannot be named as beneficiaries

• Cannot be married to beneficiaries

• Should be disinterested parties

Signature Section Format:

"Signed this _____ day of _______, 20.

[Your Name], Owner

WITNESSES:

We attest that [Owner Name] signed this instrument in our presence, that [he/she] is personally known to us or provided satisfactory proof of identity, and that [he/she] appears to be of sound mind and under no duress, fraud, or undue influence.

Witness #1 Signature Witness #2 Signature

Witness #1 Printed Name Witness #2 Printed Name

Witness #1 Address Witness #2 Address"

Step 10: Notary Acknowledgment

After witnesses sign, the notary must acknowledge the owner's signature using proper Illinois acknowledgment:

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 [Owner 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]

Step 11: Record with County Recorder

Critical Requirement: The TODI is NOT valid unless recorded BEFORE your death.

Recording Process:

1. Take original signed, witnessed, and notarized TODI to county recorder

2. Include Real Estate Transfer Declaration (PTAX-203) - may be exempt

3. Pay recording fee (typically $25-$50)

4. Request certified copy

5. Keep certified copy in safe place

Recording Location: County recorder's office in the county where the property is located.

Step 12: Prepare Real Estate Transfer Declaration

While many TODI recordings may be exempt from transfer tax, Illinois still requires filing PTAX-203:

Information Required:

• Property identification

• Owner and beneficiary information

• Claim for exemption from transfer tax

• Statement that transfer occurs at death

Exemption Basis: TODIs are typically exempt because no present interest transfers during owner's lifetime.

Illinois Transfer on Death Instrument vs. Other Estate Planning Tools

TODI vs. Revocable Living Trust

Revocable Living Trust:

• Avoids probate for ALL assets in trust

• Provides incapacity planning

• Privacy for all assets

• Can include detailed distribution instructions

• Controls multiple properties and assets

• Allows staggered distributions

• Professional trustee options

• Requires ongoing administration

• Must retitle all assets to trust

• Creation cost: $1,500-$3,500+

• Annual maintenance considerations

Transfer on Death Instrument:

• Avoids probate for specific property only

• No incapacity planning

• Privacy for real estate transfer only

• Simple: property goes directly to beneficiaries

• One property per TODI

• Immediate distribution at death

• No professional management

• No ongoing administration needed

• One-time recording per property

• Creation cost: $200-$800

• No maintenance required

Winner: Depends on circumstances. Living trusts for complex estates with multiple assets, incapacity concerns, or need for controlled distributions. TODIs for simple estates focused on real estate transfer.

TODI vs. Joint Tenancy

Joint Tenancy:

• Immediate co-ownership created now

• Both parties control property immediately

• Can't be unilaterally revoked

• Co-owner's creditors can reach property

• Co-owner's divorce can affect property

• May trigger gift tax consequences

• Property exposed to co-owner's liabilities

• Can create family conflict

• Loss of sole control

Transfer on Death Instrument:

• No immediate co-ownership

• You retain sole control

• Can be revoked anytime unilaterally

• Beneficiaries' creditors can't reach property during your life

• Beneficiaries' personal issues don't affect property

• No immediate gift tax consequences

• Property protected during your life

• Maintains family harmony

• Complete control retained

Winner: TODI provides superior control and protection compared to joint tenancy.

TODI vs. Will

Last Will and Testament:

• Addresses all assets

• Names guardians for minor children

• Designates executor

• Can include complex provisions

• REQUIRES probate

• Public record through probate

• Time: 12-24+ months

• Cost: $10,000-$30,000+

• Subject to will contests

• Creditor claims period

Transfer on Death Instrument:

• Addresses only specific real property

• No guardian designation

• No executor needed

• Simple: property goes to named beneficiaries

• NO probate required

• Maintains privacy

• Time: Days to weeks

• Cost: Minimal recording fees

• More difficult to contest

• Limited creditor exposure

Winner: TODI for real estate transfer efficiency. Will still needed for other assets, guardianship, and backup provisions.

TODI vs. Quitclaim Deed

Quitclaim Deed:

• Immediate transfer of ownership

• Owner loses all control now

• Cannot be reversed without grantee cooperation

• Triggers immediate gift tax reporting (if gift)

• Grantee receives carryover basis (no step-up)

• Immediate property tax reassessment possible

• Property immediately exposed to grantee's creditors

• Grantee's divorce can affect property

• Permanent transfer

Transfer on Death Instrument:

• Transfer at death only

• Owner retains complete control

• Can be revoked anytime unilaterally

• No immediate gift tax consequences

• Beneficiary receives stepped-up basis

• Property tax status maintained during life

• Property protected from beneficiary creditors until death

• Beneficiary's personal issues irrelevant during owner's life

• Flexible and revocable

Winner: TODI provides dramatically better protection and flexibility for estate planning purposes.

Need an Illinois quitclaim deed for immediate transfer instead? Illinois Quitclaim Deed Forms

Illinois Property Tax Implications

Property Tax During Owner's Lifetime

Illinois property taxes are based on assessed valuations, which are typically 33.33% of fair market value for residential property.

While You're Alive:

• TODI does not affect your property taxes

• You continue to qualify for all homestead exemptions

• Assessment remains unchanged

• Annual increases follow normal patterns

• You're responsible for all property tax payments

Homestead Exemptions Continue:

• General Homestead Exemption

• Senior Citizens Homestead Exemption

• Senior Freeze Exemption (if eligible)

• Disabled Persons Exemption

• Veterans Exemptions

Property Tax After Transfer at Death

Upon Your Death: When beneficiaries receive the property:

• County assessor receives notice via death certificate recording

• Property may be reviewed for assessment

• Beneficiaries must apply for homestead exemptions in their names

• Transfer typically doesn't trigger automatic reassessment

Unlike California's Proposition 13: Illinois does not have automatic reassessment to market value upon transfer. However, the county assessor may review the property.

Beneficiary Tax Considerations:

• Must file for homestead exemption if using as primary residence

• Previous owner's exemptions don't automatically transfer

• Assessment may be reviewed in normal reassessment cycle

Medicaid Estate Recovery and Illinois TODIs

What is Medicaid Estate Recovery?

Illinois's Medicaid program provides health coverage for low-income individuals, including long-term care. After a Medicaid recipient's death, the state seeks reimbursement for benefits paid.

Estate Recovery Targets:

• Property that goes through probate

• Assets in the "estate" for recovery purposes

• May include certain non-probate transfers

TODIs and Medicaid Recovery

The interaction between TODIs and Medicaid estate recovery is complex and evolving:

Potential Advantages:

• Property transferred via TODI doesn't go through probate

• May not be considered part of "estate" for recovery purposes

• Some legal arguments that TODI property is protected

• Illinois statute may limit recovery to probate estate

Important Cautions:

• Illinois Department of Healthcare and Family Services (HFS) position is evolving

• HFS may attempt recovery from TODI-transferred property

• Legal uncertainty in this area

• Case law is still developing

• Federal Medicaid rules may override state protections

755 ILCS 27/70 Language: The statute states TODIs are "not testamentary" and do not create an interest in the beneficiary during the owner's lifetime, which may support arguments against Medicaid recovery.

Critical: If Medicaid planning is a concern, consult with an experienced Illinois elder law attorney before using TODIs. This is NOT a DIY situation for Medicaid recipients or those who may need long-term care Medicaid coverage.

Revoking or Changing an Illinois Transfer on Death Instrument

Your Right to Revoke

One of the greatest advantages of Illinois TODIs is complete revocability during your lifetime. You can change your mind at any time for any reason.

Common Reasons to Revoke:

• Changed relationship with beneficiaries

• Need to sell property

• Want to add or remove beneficiaries

• Marriage, divorce, or other life changes

• Financial circumstances changed

• Beneficiary predeceased you

• Better estate planning strategy identified

• Want to move property into trust instead

Methods of Revocation Under Illinois Law

Illinois law (755 ILCS 27/40) provides multiple ways to revoke a TODI:

Method 1: Record a Revocation of Transfer on Death Instrument

Execute and record a formal revocation document that:

• Clearly states intent to revoke

• References the original TODI (recording date and document number)

• Includes property legal description

• Is signed, witnessed, and notarized

• Is recorded in same county as original TODI

Illinois law provides a statutory revocation form in 755 ILCS 27/40.

Method 2: Execute a New Inconsistent TODI

Record a new TODI naming different beneficiaries for the same property. The new TODI automatically revokes any prior inconsistent TODI for that property.

Method 3: Transfer the Property

Any transfer that conveys your entire interest revokes the TODI:

• Sell the property

• Gift the property via deed

• Transfer to living trust

• Any deed conveying fee simple ownership

Method 4: Execute a Will Expressly Revoking TODI

Illinois law allows revocation by will if the will:

• Expressly refers to the TODI or the property

• Expressly revokes the TODI or devises the property to someone else

• Is executed with testamentary formalities

However: Recording a revocation is much cleaner and avoids ambiguity.

What Does NOT Revoke an Illinois TODI

Ineffective revocation methods:

• Destroying your copy of the TODI

• Writing "VOID" on your copy

• Telling beneficiaries you changed your mind

• Oral revocation

• Unrecorded revocation documents

• General will provisions (must specifically reference the TODI or property)

Critical: Revocation is NOT effective unless recorded before your death (except for revocation by will, which requires probate).

After Your Death: What Beneficiaries Need to Do

Transfer Process for Beneficiaries

When the owner dies, beneficiaries must take specific steps to claim ownership:

Step 1: Obtain Certified Death Certificate

Get multiple certified copies (not photocopies):

• From funeral home

• County clerk's office

• Illinois Department of Public Health

Quantity needed:

• At least 10-15 certified copies

• One for county recorder

• One for each financial institution, insurance company, etc.

• Keep extras for various agencies

Step 2: Prepare Beneficiary's Affidavit (Optional but Recommended)

While not required by statute, many title companies request an affidavit stating:

• Owner's name and date of death

• That TODI was in effect at death and not revoked

• Beneficiary information

• That beneficiary accepts the transfer

Step 3: Record Death Certificate

File with the county recorder where property is located:

• Certified death certificate

• Beneficiary's affidavit (if used)

• Recording fee: typically $25-$50

This establishes beneficiary's ownership in public records.

Step 4: File Real Estate Transfer Declaration

Within 30 days of death (or at time of recording death certificate), file PTAX-203 with county:

• Provides transfer information to county assessor

• Required by Illinois law

• May be exempt from transfer tax (transfer at death)

Step 5: Contact Relevant Parties

Notify:

• Property tax assessor (via PTAX-203)

• Homeowners insurance company

• Utility companies

• Homeowners association (if applicable)

• Mortgage company (if property has loan)

Step 6: Address Any Outstanding Mortgage

If property has mortgage:

• Loan remains on property

• Beneficiaries can assume payments

• Or refinance in beneficiaries' names

• Or sell property and pay off loan

• Contact lender about options

• Review due-on-sale clause

Step 7: Apply for Homestead Exemptions

If beneficiary will occupy as primary residence:

• Apply for General Homestead Exemption

• Apply for Senior or other applicable exemptions

• File with county assessor

• Must file by deadlines (typically by first installment due date)

Step 8: Obtain Title Insurance (if Selling)

If beneficiaries plan to sell:

• Work with title company

• Obtain title report

• Clear any title issues

• Purchase owner's title insurance

No Probate Required

The key advantage: beneficiaries take ownership immediately without:

• Probate court proceedings

• Letters of administration

• Attorney representation (usually)

• Court approval

• Bond posting

• Waiting periods (12-24+ months)

• Publication of notices

• Creditor claim periods

• Executor appointment

• Inventory and appraisal requirements

Time Savings: Days to weeks instead of 12-24+ months

Cost Savings: Minimal fees instead of $10,000-$30,000+ in probate costs

Common Mistakes with Illinois Transfer on Death Instruments

Mistake #1: Not Recording the TODI

An unrecorded TODI is completely invalid under Illinois law. The TODI MUST be recorded before the owner's death.

Result of not recording:

• TODI has no legal effect whatsoever

• Property goes through probate

• Named beneficiaries have no claim

• Will controls (or intestacy laws if no will)

Solution: Record immediately after execution. Don't wait. Don't assume you'll "get to it later."

Mistake #2: Improper Execution (Missing Witnesses or Notarization)

Illinois requires BOTH two witnesses AND notarization. Missing either invalidates the TODI.

Common Errors:

• Only getting notarization without witnesses

• Using beneficiaries as witnesses (prohibited)

• Using only one witness instead of two

• Notary acknowledging without witnesses present first

Consequences:

• TODI is invalid

• Recording may be accepted but transfer won't work

• Property goes through probate

• Beneficiaries must prove intent through expensive litigation

Solution: Follow Illinois execution requirements exactly:

1. Owner signs in presence of two witnesses

2. Two witnesses sign

3. Then notary acknowledges owner's signature

Mistake #3: Naming Beneficiaries as Witnesses

Illinois law (755 ILCS 27/15(d)) explicitly prohibits beneficiaries or their spouses from serving as witnesses.

Problem: If a beneficiary or beneficiary's spouse witnesses the TODI, the entire instrument may be invalid.

Solution: Use completely disinterested witnesses who are not beneficiaries and not married to beneficiaries.

Mistake #4: Not Coordinating with Overall Estate Plan

TODIs can conflict with other estate planning documents:

Common conflicts:

• Will leaves property to different person than TODI names

• Trust document assumes property will be in trust

• Multiple TODIs on same property with different beneficiaries

• Family expectations don't match TODI terms

• Unequal distribution among children causing disputes

Solution: Coordinate all estate planning documents. Review entire estate plan when creating TODI. Consider working with estate planning attorney for complex situations.

Mistake #5: Using for Property with Multiple Owners

TODIs work best for sole owners. Using TODIs with co-ownership creates complications:

Joint Tenancy: If two people own property as joint tenants, one cannot use TODI for their interest. Joint tenancy with right of survivorship controls - the property automatically passes to the surviving joint tenant, regardless of any TODI.

Tenancy in Common: Each tenant in common can execute separate TODI for their interest, but this creates potential problems:

• Different beneficiaries become co-owners

• May not want to co-own together

• Forced to sell or buy out

• Disputes over property management

Solution: Consider whether TODI is appropriate for co-owned property. May be better to use living trust or other planning tool.

Mistake #6: Incorrect or Incomplete Legal Description

Even minor errors in the legal description can:

• Invalidate the TODI

• Transfer wrong property

• Create title gaps

• Cause recording rejection

• Create costly corrections

Solution: Copy legal description exactly from current deed. If uncertain, obtain from title company or county recorder. Never paraphrase or abbreviate.

Mistake #7: Naming Minors as Beneficiaries

Naming minor children (under 18) as TODI beneficiaries creates problems:

Issues:

• Minors can't legally take title to real property

• Court-supervised guardianship required

• Conservatorship may be needed

• Defeats purpose of avoiding probate

• Expensive court proceedings

• Property can't be managed efficiently

Solution: Either:

• Create trust for minors and name trust as beneficiary

• Name adult custodian

• Use living trust instead of TODI

• Wait to execute TODI until children are adults

Mistake #8: Forgetting About Existing Mortgages

TODIs don't remove mortgage obligations:

What happens:

• Property transfers to beneficiaries subject to mortgage

• Loan remains on property

• Monthly payments still due

• Beneficiaries must pay or face foreclosure

Due-on-Sale Clause Concerns:

• Most mortgages have due-on-sale clauses

• Lender may demand full payment upon transfer

• Federal law (Garn-St. Germain Act) exempts certain family transfers

• Beneficiaries should contact lender

Solution: Discuss mortgage situation with beneficiaries in advance. Consider whether they can afford payments. Possibly pay off mortgage before death or maintain life insurance to cover it.

Mistake #9: Not Understanding Joint Tenancy Presumption

Illinois law presumes joint tenancy when multiple beneficiaries are named:

The Rule: If TODI names multiple beneficiaries without specifying type, Illinois presumes they take as joint tenants with right of survivorship.

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

Solution: Explicitly state "as tenants in common" if that's the intended result. If you want joint tenancy, state "as joint tenants with right of survivorship" for clarity.

Mistake #10: Not Updating After Life Changes

Life changes but TODI stays the same:

Common scenarios:

• Beneficiary dies before you (their interest may lapse)

• Divorce (ex-spouse may still be beneficiary)

• New marriage (new spouse not included)

• Birth of children or grandchildren

• Relationship deterioration with beneficiary

• Financial situations change

Solution: Review TODI every 3-5 years and after major life events. Revoke and create new TODI as needed.

Illinois Transfer on Death Instrument Checklist

Before recording your Illinois TODI, verify:

Document Preparation:

• [ ] Illinois-specific TODI form used

• [ ] Document titled "TRANSFER ON DEATH INSTRUMENT"

• [ ] Preparer information completed

• [ ] Return address provided

• [ ] Your name exactly matches current deed

• [ ] Your marital status stated

• [ ] Your address included

• [ ] Legal description copied exactly

• [ ] Property address included

• [ ] PIN (Permanent Index Number) included

• [ ] County identified

• [ ] Beneficiary name(s) complete and correct

• [ ] Beneficiary addresses included

• [ ] Ownership type specified for multiple beneficiaries

• [ ] All required statutory language included

• [ ] All required statutory statements included

Execution:

• [ ] Signed in presence of two witnesses

• [ ] Two witnesses signed

• [ ] Witnesses are NOT beneficiaries

• [ ] Witnesses are NOT married to beneficiaries

• [ ] Valid government ID available for notary

• [ ] Notary acknowledged signature after witnesses signed

• [ ] Illinois acknowledgment form used

• [ ] Notary seal affixed clearly

• [ ] Notary commission current

Recording Preparation:

• [ ] Original signed, witnessed, and notarized TODI

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

• [ ] 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 location

• [ ] Beneficiaries informed (recommended)

• [ ] Copy with estate planning documents

• [ ] Coordinated with will and other documents

• [ ] Reviewed by attorney if complex situation

Who Should Use Illinois Transfer on Death Instruments

Ideal Candidates for TODIs

Perfect for: 

✅ Single property owners wanting simple probate avoidance 

✅ Seniors with modest estates 

✅ People with clear, undisputed beneficiary choices 

✅ Those wanting to retain complete control during life 

✅ People who want flexibility to change beneficiaries 

✅ Property owners who can't afford trust creation costs 

✅ Those with harmonious family relationships 

✅ People wanting stepped-up basis benefits for heirs 

✅ Property owners focused primarily on real estate planning 

✅ Homeowners wanting to preserve homestead rights during life

Not Ideal For

Consider alternatives if: 

❌ You own multiple properties (may want comprehensive trust) 

❌ Beneficiaries are minors 

❌ You need incapacity planning 

❌ Complex family dynamics or potential disputes 

❌ You want to control distribution timing 

❌ Property has significant mortgage beneficiaries can't afford 

❌ You're receiving Medicaid and uncertain about estate recovery 

❌ You want professional property management after death 

❌ You have complex tax planning needs 

❌ You want to attach conditions to inheritance 

❌ You're married and spouse doesn't agree 

❌ Property is held in joint tenancy (TODI won't override)

Frequently Asked Questions About Illinois TODIs

Can I use a TODI if I have a mortgage?

Yes, you can create a TODI even with an existing mortgage. The mortgage remains on the property and beneficiaries take ownership subject to the loan. They'll need to continue making payments, refinance, or sell the property to pay off the mortgage.

Important: Contact your lender. While federal law (Garn-St. Germain Act) protects certain family transfers, beneficiaries should communicate with the lender after your death.

Do beneficiaries have any rights while I'm alive?

No. Beneficiaries have zero rights to the property during your lifetime. You maintain complete ownership and control, including the absolute right to:

• Sell the property

• Mortgage or refinance

• Lease to tenants

• Make all decisions

• Revoke the TODI entirely

• Change beneficiaries

Beneficiaries cannot force you to maintain the property or prevent you from any action.

What if a beneficiary dies before me?

Illinois law addresses this in 755 ILCS 27/50:

If you named only one beneficiary who predeceases you:

• The TODI becomes ineffective

• Property passes according to your will (or intestacy if no will)

• You should revoke the TODI and create a new one

If you named multiple beneficiaries as joint tenants:

• Surviving beneficiaries inherit the deceased beneficiary's share

• Property still avoids probate

If you named beneficiaries as tenants in common:

• Deceased beneficiary's share may lapse

• Their share passes according to your will or intestacy

• Illinois law allows you to name alternate beneficiaries to avoid this

Best practice: Name contingent beneficiaries in your TODI and review/update after any beneficiary's death.

Can I name my trust as beneficiary?

Yes, you can name your revocable living trust as the beneficiary of a TODI. This allows:

• Property to transfer into trust at your death

• Trust terms to govern distribution

• More complex distribution instructions

Format: "The Smith Family Revocable Living Trust dated January 15, 2025, John Smith and Mary Smith, Trustees"

Question: If you're using a trust anyway, why not just transfer the property into the trust during life? Often simpler and provides incapacity planning. Consider whether TODI or trust transfer is better for your situation.

How does a TODI affect my property taxes?

During Your Life:

• No effect on property taxes

• You continue to receive any homestead exemptions

• Assessment remains unchanged

• No reassessment triggered by recording TODI

After Your Death:

• Property transferred to beneficiaries

• County assessor notified via death certificate recording

• No automatic reassessment to market value (unlike some states)

• Beneficiaries must apply for homestead exemptions in their names

• Regular assessment cycles continue

Unlike California: Illinois doesn't have Proposition 13-style reassessment upon transfer.

Will my beneficiaries owe taxes?

Illinois Inheritance Tax: None. Illinois has no inheritance tax.

Illinois Estate Tax: Illinois estate tax applies to estates over $4 million (2024-2025). Most people don't pay Illinois estate tax.

Federal Estate Tax: Only if your total estate exceeds federal exemption ($13.61 million in 2024, $13.99 million in 2025). Most people don't pay federal estate tax.

Capital Gains Tax: Beneficiaries receive stepped-up basis, so if they sell soon after inheriting, usually little to no capital gains tax.

Property Tax: Continues at existing assessed value (no automatic reassessment), but beneficiaries must apply for new homestead exemptions if using as primary residence.

Can creditors take the property after I die?

Your Creditors: Generally have limited ability to reach property transferred via TODI:

• Property doesn't go through probate

• Not subject to normal probate creditor claims process

• Illinois law (755 ILCS 27/55) addresses creditor rights

• Some creditors may still pursue claims against the property

• Federal tax liens may attach

• Secured debts (mortgages) remain on property

Medicaid Estate Recovery: Illinois Department of Healthcare and Family Services may pursue recovery for Medicaid benefits paid. This is a complex, evolving area - consult elder law attorney if concerned.

Beneficiaries' Creditors: Generally cannot reach property until beneficiary actually receives it at your death.

Do I need an attorney to create an Illinois TODI?

Illinois law doesn't require attorney involvement for TODIs. Many property owners successfully use professionally prepared forms for straightforward transfers.

Attorney recommended for:

• Complex family situations

• Multiple properties

• Significant value estates

• Medicaid planning concerns

• Tax planning needs

• Special needs beneficiaries

• Disputes over property

• Unclear title issues

DIY appropriate for:

• Simple family transfers

• Single property

• Clear beneficiary choices

• Harmonious relationships

• Straightforward situations

Get professionally prepared Illinois TODI forms with detailed instructions: Download TODI Package

What's the difference between a TODI and a ladybird deed?

Illinois recognizes Transfer on Death Instruments (TODIs).

Illinois does NOT recognize enhanced life estate deeds (ladybird deeds). Ladybird deeds are only valid in Florida, Texas, Vermont, West Virginia, and Michigan.

If you're in Illinois and see references to ladybird deeds, the equivalent tool is the Transfer on Death Instrument (TODI).

Can a TODI be contested?

TODIs can be challenged, but it's more difficult than contesting a will:

Grounds for Contest:

• Lack of capacity when TODI was executed

• Undue influence or fraud

• Improper execution (not properly signed, witnessed, notarized, recorded)

• Revocation before death

• TODI doesn't comply with statutory requirements

Standing to Contest: Limited. Only parties with a legal interest can challenge:

• Someone who would inherit if TODI is invalid

• Creditors in limited circumstances

Illinois Law Protection: 755 ILCS 27/45 provides that properly executed and recorded TODIs are presumed valid, placing burden on challenger.

Result: TODIs are generally more secure from challenges than wills.

How much does it cost to create an Illinois TODI?

DIY with Professional Forms: $200-$400

• Form package: $150-$300

• Recording fee: $25-$50

• Notary fee: $10-$25 (or free at bank)

• PTAX-203 form: Free

• Witness costs: Usually free (friends/family)

Attorney Preparation: $500-$1,500+

• Simple situations: $500-$800

• Complex situations: $1,000-$1,500+

• Multiple properties: Additional fees per property

Compared to probate costs for $400,000 property:

• Attorney statutory fees: $12,000-$16,000

• Executor fees: $8,000-$12,000

• Court and other costs: $2,000+

• Total probate costs: $22,000-$30,000+

Savings with TODI: $21,000-$29,000+

What happens if I sell the property after creating a TODI?

Automatic Revocation: If you sell or transfer the property, the TODI is automatically revoked by operation of law. You no longer own the property, so the TODI has nothing to transfer.

No Action Needed: You don't need to record a separate revocation if you've sold the property. The sale deed itself effectively revokes the TODI.

Best Practice: While not required, consider recording a formal revocation to clean up the records and avoid any confusion.

Can both spouses create TODIs for the same property?

Joint Ownership: If property is owned jointly (joint tenancy or tenancy by the entirety), both spouses should execute the TODI together or each execute a TODI for their interest.

Single TODI Recommended: It's cleaner to have one TODI signed by both spouses designating beneficiaries.

Separate TODIs: Each spouse could execute separate TODI for their interest, but this can create confusion if they name different beneficiaries.

Best Practice: Coordinate. Use one TODI signed by both spouses or ensure separate TODIs are consistent.

Real-Life Illinois TODI Scenarios

Scenario 1: Widow Avoiding Probate

Situation: Margaret, 78, widow, owns a $300,000 home in Naperville (DuPage County). She has three adult children who get along well. She wants them to inherit the home but is worried about probate costs and delays.

Solution: Margaret creates an Illinois TODI naming all three children as equal beneficiaries as joint tenants with right of survivorship.

Process:

1. Margaret prepares TODI

2. Signs before two witnesses (her neighbors)

3. Notary acknowledges her signature

4. Records with DuPage County Recorder

5. Files PTAX-203 (no transfer tax - future interest)

Benefits:

• No probate ($15,000+ in attorney fees avoided)

• Children inherit in days, not months

• Margaret retains complete control (can sell if she needs funds for care)

• Children receive stepped-up basis ($300,000) for capital gains purposes

• Can revoke if circumstances change

Outcome: Margaret keeps complete control. When she dies, children file death certificate and take ownership immediately. No probate, no attorney fees, no delays.

Scenario 2: Second Marriage with Children from First Marriage

Situation: Robert, 68, remarried. Has children from first marriage. Owns $350,000 home in Springfield (Sangamon County). Wants current wife to have security during her lifetime but ultimately wants children to inherit.

Problem with TODI:

• Can only name one set of beneficiaries

• Either wife OR children, not sequential

• No ability to create life estate for wife

Better Solution: Robert uses revocable living trust instead:

• Trust provides life estate for wife

• Wife can live in home for her lifetime

• Children inherit after wife's death

• Provides flexibility and controls

• More appropriate for complex family situation

Lesson: TODIs work for simple situations. Complex family dynamics with sequential beneficiaries require trust planning.

Scenario 3: Parent to Adult Children

Situation: The Williams own a $280,000 home in Peoria. Both parents living. Want their son and daughter to inherit equally.

Solution: Both parents execute TODI together naming both children as equal beneficiaries.

Process:

1. Prepare TODI signed by both parents

2. Execute before two witnesses and notary

3. Record with Peoria County Recorder

4. File PTAX-203

Benefits:

• Avoids probate

• Children receive stepped-up basis

• Parents maintain complete control

• Simple, affordable solution

• Can revoke anytime

Tax Consideration: When first parent dies, surviving parent still owns property. TODI only transfers upon death of second parent (last to die).

Outcome: Simple, effective probate avoidance for straightforward family situation.

Scenario 4: Trust as Beneficiary

Situation: Dorothy, 82, has comprehensive estate plan including revocable living trust. Most assets are in trust, but she wants her home to also pass through trust for consistent administration.

Solution: Dorothy executes TODI naming her trust as beneficiary.

Process:

1. Prepare TODI naming "The Dorothy Smith Revocable Trust dated March 1, 2020, Dorothy Smith, Trustee" as beneficiary

2. Execute properly

3. Record with county recorder

Alternative Considered: Dorothy could deed property directly into trust during lifetime using quitclaim deed. This provides incapacity planning benefit that TODI doesn't offer.

Lesson: When trust already exists, often better to transfer property into trust during life rather than use TODI. Provides incapacity planning and cleaner administration.

Scenario 5: Young Professional Planning Ahead

Situation: Jessica, 35, single, just bought first home in Chicago (Cook County) for $400,000. Wants her sister to inherit if something happens to her.

Solution: Creates Illinois TODI naming sister as beneficiary.

Benefits:

• Simple, inexpensive estate planning

• Sister avoids probate

• Jessica can revoke if she gets married or has children

• Complete flexibility as life circumstances change

• Stepped-up basis benefits

• Costs under $400

Outcome: Jessica has basic estate plan in place. Can always create trust later if estate becomes more complex. TODI is perfect simple solution for now.

Taking Action: Your Illinois TODI Implementation Plan

Phase 1: Information Gathering (1-3 days)

• [ ] Locate current property deed

• [ ] Obtain property tax statement (for PIN)

• [ ] Confirm exact legal description

• [ ] List intended beneficiaries with complete legal names and addresses

• [ ] Decide how multiple beneficiaries will hold title

• [ ] Review existing estate planning documents

• [ ] Check for any existing TODIs on the property

• [ ] Identify two potential witnesses (not beneficiaries)

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

• [ ] Consider property tax implications

• [ ] Evaluate Medicaid estate recovery concerns (if applicable)

• [ ] Review mortgage situation

• [ ] Confirm beneficiaries can handle property financially

• [ ] Determine if TODI is best option vs. trust or other tools

• [ ] Consider naming contingent beneficiaries

• [ ] Review capital gains basis issues

Phase 3: Document Preparation (1-2 days)

• [ ] Download or obtain Illinois TODI forms

• [ ] Review all instructions thoroughly

• [ ] Complete TODI form carefully

• [ ] Verify all information is accurate

• [ ] Double-check legal description

• [ ] Ensure all required statutory language included

• [ ] Prepare PTAX-203 form

Phase 4: Execution (1 day)

• [ ] Arrange for two witnesses (not beneficiaries, not married to beneficiaries)

• [ ] Schedule notary appointment (or arrange mobile notary)

• [ ] Bring valid government-issued ID

• [ ] Bring completed TODI

• [ ] Sign in presence of two witnesses

• [ ] Witnesses sign after watching you sign

• [ ] Notary acknowledges your signature after witnesses sign

• [ ] Verify all signatures and notary seal present

Phase 5: Recording (1-5 days)

• [ ] Determine correct county for recording

• [ ] Calculate recording fees

• [ ] Prepare payment

• [ ] Include return address

• [ ] Request certified copy

• [ ] Submit PTAX-203 form with TODI

• [ ] File in person or by mail

• [ ] Confirm receipt of recorded TODI

Phase 6: Post-Recording

• [ ] Obtain certified copy of recorded TODI

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

• [ ] Consider informing beneficiaries (recommended but not required)

• [ ] File with estate planning documents

• [ ] Update related documents if needed

• [ ] Keep with will and other important documents

Phase 7: Ongoing Maintenance

• [ ] Review TODI every 3-5 years

• [ ] Update after major life events (marriage, divorce, births, deaths)

• [ ] Revoke if circumstances change

• [ ] Keep beneficiaries informed of location

• [ ] Maintain clear records

Professional Support for Your Illinois TODI

Document Preparation Services

Properly preparing your TODI ensures compliance with Illinois law:

Professional Forms Include:

• Current Illinois statutory compliance (755 ILCS 27/)

• All required statutory language and statements

• Proper Illinois witness and acknowledgment requirements

• Detailed step-by-step completion instructions

• Real Estate Transfer Declaration guidance

• Recording requirements for all Illinois counties

• Sample completed TODIs

• Revocation templates

• Access to customer support

Get professionally prepared Illinois TODI forms with comprehensive support: Illinois Transfer on Death Instrument Package

When to Seek Attorney Guidance

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

Complex Situations:

• Blended families with children from multiple marriages

• Significant value properties

• Multiple properties

• Business or commercial property

• Unclear title issues

Legal or Tax Issues:

• Medicaid planning concerns

• Estate tax planning

• Basis step-up strategies

• Special needs beneficiaries

• Contested ownership

When DIY TODI Forms Are Appropriate

Many Illinois property owners successfully use professionally prepared forms for:

Straightforward Situations:

• Simple family transfers

• Single property

• Clear beneficiary designation

• Harmonious family relationships

• Primary residence planning

• Modest estates

Get started with professional Illinois TODI forms: Download Complete Package

Conclusion: Protect Your Illinois Property with Transfer on Death Instruments

Illinois Transfer on Death Instruments represent one of the most powerful, flexible, and cost-effective estate planning tools available to Illinois property owners. By combining probate avoidance, complete control retention, capital gains tax benefits, and relative simplicity, TODIs provide comprehensive protection for your primary residence and other real estate.

Key Benefits Recap:

✓ Avoid Probate - Save $10,000-$30,000+ in costs and 12-24 months of time 

✓ Retain Complete Control - Sell, mortgage, or revoke at any time

 ✓ Stepped-Up Basis - Beneficiaries save thousands in capital gains taxes 

✓ Flexibility - Fully revocable during your lifetime 

✓ Privacy - No public probate proceedings 

✓ Simplicity - One document protects your real estate 

✓ Cost-Effective - Fraction of the cost of living trust 

✓ Homestead Protection - Maintain all homestead rights during life

Take Action Today:

Don't wait until it's too late. Incapacity or death can occur unexpectedly, leaving your family facing expensive probate proceedings and months of delays.

Get Started Now:

📄 Download Professional Illinois Transfer on Death Instrument Forms: Complete Package with Instructions

📋 Need Immediate Property Transfers? Illinois Quitclaim Deed Forms

Protect Your Property. Preserve Your Control. Provide for Your Family.

Illinois Transfer on Death Instruments give you the power to accomplish all three goals with a single document. Whether you're planning for the future, concerned about probate costs, or want to ensure stepped-up basis benefits for your family, TODIs provide an elegant solution.

Don't leave your family's inheritance to chance. Take control of your estate planning today with Illinois transfer on death instrument forms designed by professionals who understand Illinois law and your family's needs.

This article provides general information about Illinois Transfer on Death Instruments and should not be considered legal advice. Estate planning, property transfers, and tax matters involve complex legal implications that vary based on individual circumstances. Illinois estate planning laws, including TODI statutes (755 ILCS 27/) and Medicaid estate recovery rules, are complex and subject to change. Consult with qualified Illinois attorneys, tax professionals, and financial advisors to discuss your specific situation and needs before executing any estate planning documents.