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Illinois Real Estate Deed

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STATE OF ILLINOIS
WARRANTY DEED
[Husband and Wife Converting Property from Tenants in Common to Joint Tenancy]

Prepared by U.S. Legal Forms, Inc.

Copyright 2016 - U.S. Legal Forms, Inc.

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ILLINOIS PROPERTY TAX CODE – TRANSFER TAX EXEMPTION

1. Real Estate Transfer Declaration can be completed and printed online at:

https://www.revenue.state.il.us/RETD/

2. See the following for a listing of the exemptions to the Illinois Transfer Tax on real estate transactions:

(35 ILCS 200/31-45)

Sec. 31-45. Exemptions. The following deeds or trust documents shall be exempt from the provisions of this Article except as provided in this Section:

(a) Deeds representing real estate transfers made before January 1, 1968, but recorded after that date and trust documents executed before January 1, 1986, but recorded after that date.

(b) Deeds to or trust documents relating to (1) property acquired by any governmental body or from any governmental body, (2) property or interests transferred between governmental bodies, or (3) property acquired by or from any corporation, society, association, foundation or institution organized and operated exclusively for charitable, religious or educational purposes. However, deeds or trust documents, other than those in which the Administrator of Veterans' Affairs of the United States is the grantee pursuant to a foreclosure proceeding, shall not be exempt from filing the declaration.

(c) Deeds or trust documents that secure debt or other obligation.

(d) Deeds or trust documents that, without additional consideration, confirm, correct, modify, or supplement a deed or trust document previously recorded.

(e) Deeds or trust documents where the actual consideration is less than $100.

(f) Tax deeds.

(g) Deeds or trust documents that release property that is security for a debt or other obligation.

(h) Deeds of partition.

(i) Deeds or trust documents made pursuant to mergers, consolidations or transfers or sales of substantially all of the assets of corporations under plans of reorganization under the Federal Internal Revenue Code or Title 11 of the Federal Bankruptcy Act.

(j) Deeds or trust documents made by a subsidiary corporation to its parent corporation for no consideration other than the cancellation or surrender of the subsidiary's stock.

(k) Deeds when there is an actual exchange of real estate and trust documents when there is an actual exchange of beneficial interests, except that that money difference or money's worth paid from one to the other is not exempt from the tax. These deeds or trust documents, however, shall not be exempt from filing the declaration.

(l) Deeds issued to a holder of a mortgage, as defined in Section 15-103 of the Code of Civil Procedure, pursuant to a mortgage foreclosure proceeding or pursuant to a transfer in lieu of foreclosure.

(m) A deed or trust document related to the purchase of a principal residence by a participant in the program authorized by the Home Ownership Made Easy Act, except that those deeds and trust documents shall not be exempt from filing the declaration.

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This document prepared by (and after recording

return to):

Name:

Firm/Company:

Address:

Address 2:

City, State, Zip:

Phone:

-----Above This Line Reserved For Official Use Only-----

(Parcel Identification Number)

NOTE: Exempt under Provisions of Paragraph , Section 31-45, Real Estate Transfer Tax Law, Illinois Property Tax Code

WARRANTY DEED

THE GRANTORS Husband and Wife, of the City or Town of

Illinois, do hereby convey and warrant, unto and

as joint tenants with right of survivorship and not as tenants in common, hereinafter “Grantees”, the following real estate, together with all improvements located thereon, lying in the County of

State of Illinois, to-wit:

See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full

Legal Description:

Prior instrument reference: Book , Page , Document No.

of the Recorder of County, Illinois.

SUBJECT to all easements, rights-of-way, protective covenants and mineral reservations of record, if any.

TO HAVE AND TO HOLD to the said Grantees as joint tenants, with right of survivorship, their heirs, personal representatives, executors and assigns forever: it being the intention of the parties to this conveyance, that (unless the joint tenancy hereby created is severed or terminated during the joint lives of the grantees herein) in the event one Grantee herein survives the other, the entire interest in fee simple shall pass to the surviving Grantee, and if one does not survive the other, then the heirs and assigns of the Grantees herein shall take as tenants in common.

GRANTORS do for Grantors and Grantors' heirs, personal representatives, executors and assigns forever hereby covenant with GRANTEES that Grantors are lawfully seized in fee simple of said premises; that the premises are free from all encumbrances, unless otherwise noted above; that Grantors have a good right to sell and convey the same as aforesaid; and to forever warrant and defend the title to the said lands against all claims whatever.

WITNESS Grantors hands this the day of 20

(1st Grantor's Signature)

Print Name

(2nd Grantor's Signature)

Print Name

STATE OF

COUNTY OF

I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT personally known to me to be the same person(s) whose name is/are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that signed, sealed and delivered the said instrument as free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of the right of homestead.

Given under my hand and notarial seal this the day of 20

Notary Public

Print Name

(SEAL)

STATE OF

COUNTY OF

I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT personally known to me to be the same person(s) whose name is/are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that signed, sealed and delivered the said instrument as free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of the right of homestead.

Given under my hand and notarial seal this the day of 20

Notary Public

Print Name

(SEAL)

COUNTY – ILLINOIS TRANSFER STAMPS

EXEMPT UNDER PROVISIONS OF PARAGRAPH SECTION 4, REAL ESTATE TRANSFER ACT.

DATE:

Buyer, Seller or Representative

Grantor(s) Name, Address, phone:

Grantee(s) Name, Address, phone:

SEND TAX STATEMENTS TO GRANTEE

EXHIBIT A

(Attach Legal Description Here)

Enter text

What an Illinois Real Estate Deed Is and when it’s used

An Illinois Real Estate Deed is the written instrument that transfers ownership or an interest in real property in Illinois from a grantor to a grantee. Deeds identify the parties, describe the property by legal description, state the consideration, and include the grantor’s signature with required notarization or acknowledgement. Common deed types include warranty deeds, quitclaim deeds, and special warranty deeds; which one to use depends on the level of title protection and seller warranties. Proper execution and county recording are necessary to protect ownership and priority of liens.

Why a correctly prepared Illinois Real Estate Deed matters

A properly drafted and executed deed establishes clear title, preserves buyer protections, and enables timely county recording to protect priority against later claims.

Why a correctly prepared Illinois Real Estate Deed matters

Who commonly prepares and signs Illinois real estate deeds

Typical parties include property sellers (grantors), buyers (grantees), closing agents, attorneys, and notaries who handle execution and recording.

  • Individual sellers, investors, and owners transferring title; often coordinate with title companies and attorneys for closing and recording.
  • Buyers and grantees ensure the deed matches purchase terms and the legal description used by the title company and county recorder.
  • Title companies, escrow agents, and closing attorneys prepare, review, and record deeds to clear title and issue title insurance.

Each party’s role focuses on accurate names, legal description, correct notarization, and timely submission to the county recorder to preserve rights.

Primary signatories and their responsibilities

Grantor — Seller

The grantor is the person or entity conveying title. They must sign the deed exactly as their legal name appears on record, provide ID for notarization, and disclose any required matters under Illinois law to ensure marketable title.

Grantee — Buyer

The grantee receives title and should verify the legal description and vesting language. Buyers must ensure recording instructions are correct and confirm title insurance or lien searches before or immediately after closing.

Essential elements of a professional Illinois Real Estate Deed

A complete deed contains a small set of formal elements that must be accurate and consistent to be accepted for recording and to transfer title effectively.

Granting Clause

A clear statement of conveyance describing what interest is being transferred, e.g., 'grant, bargain and convey' language when transferring fee simple title.

Identifying Parties

Full legal names of the grantor(s) and grantee(s), including business entity form and state of formation for organizations to avoid identity ambiguity.

Legal Description

A precise legal description (metes and bounds, lot/block or recorded plat reference) that matches the county’s records to prevent recording rejection.

Consideration

A statement of consideration (amount or nominal value) showing the transfer is supported by consideration; exact dollar figures are recommended where applicable.

Signatures and Notary

Grantor signature(s) with a notary acknowledgement or jurat as required by Illinois law to validate the instrument for recording.

Recording Instructions

County recorder return/address block and any conveyance tax lines or exemptions required by local recording offices to complete the filing.

Step-by-step: how to complete and record an Illinois deed

Follow these practical steps to prepare, execute, and file the deed so title transfers and recording occur without delay.

  • 01
    Prepare Draft: Draft deed with exact legal description and correct vesting language.
  • 02
    Review Title: Confirm title commitment and remove exceptions before closing.
  • 03
    Execute with Notary: Grantor signs before a notary; include any witness signatures if state or county requires them.
  • 04
    Record: Submit to county recorder with required fee and conveyance tax forms where applicable.

How execution and recording typically flow

A deed moves through a short, sequential workflow from drafting to recording; each step must be confirmed to protect purchaser rights.

  • Drafting: Attorney or title company prepares deed using title commitment data.
  • Closing: Parties sign, funds transfer, and deeds are executed with notarization.
  • Submission: Recorder receives the deed, fees, and any transfer statements.
  • Indexing: Recorder indexes deed and returns recorded copy to designated recipient.

Typical electronic workflow settings for deed preparation

Use these workflow settings when building an online execution flow to reduce errors and speed recording.

Field Configuration
Signature Authentication Email + SMS code or stronger MFA for grantor identity verification
Notary Integration Schedule RON session or in-person acknowledgment as required
Version Control Enable template locking and audit trail for all edits
Return Address Recorder return address field required for recorded instrument delivery

Technology and format considerations for e-completing deeds

Deeds are usually exchanged as PDF or DOCX and must preserve an unalterable record suitable for printing and recording.

  • File Formats: Use PDF/A or searchable PDF for official copies
  • Integrations: Connect with title systems and cloud storage (Salesforce, NetSuite, Box)
  • Security: Use TLS encryption and AES-256 storage to protect sensitive data

Ensure the platform you use supports audit trails, notarization workflows, and produces a stamped recorded copy suitable for long-term retention.

Key timing considerations and deadlines for deed handling

Timely execution and recording protect priority. Missing a recording window can allow other claims to gain priority.

Execution Date Accuracy:

Signing date determines effective transfer and may affect lien priority.

Recording Promptly:

Record as soon as possible after closing to protect priority against subsequent filings.

Tax Reporting:

Transfer tax or declaration deadlines vary by county; check local requirements before recording.

Notary Scheduling:

Schedule notarization close to signing to avoid stale-dating or re-execution needs.

Document Retention:

Keep executed and recorded copies for the full limitations period and title insurance needs.

Notarization and witness flow for Illinois deeds

Notarization and any required witness steps must be completed in proper order to meet county recorder acceptance criteria.

01

Sign Before Notary

Grantor must sign in the presence of the notary to complete the acknowledgement block.

02

Witnesses Present

If a state or county requires witnesses, have them sign in the presence of the grantor and notary.

03

Notary Certificate

Notary completes acknowledgement with commission details and signs the certificate.

04

Recording Submission

Submit original signed deed; some counties reject notarized copies without original signatures.

05

RON Sessions

If using Remote Online Notarization, retain audio-video and identity proofing records per state rules.

06

Notary Journal

Notaries should record the transaction in their journal for compliance and evidentiary support.

07

Return Instructions

Provide recorder return address and contact to receive the stamped recorded deed.

08

Certified Copies

Order certified copies if required for mortgage or title company needs.

Common preparation and recording pitfalls to avoid

  • Incorrect or partial legal descriptions that do not match county records, causing recording rejection or ambiguity in title.
  • Mismatched grantor/grantee names or failure to include entity form, risking indexing under the wrong party and title defects.
  • Missing or incorrect notary acknowledgements or omitted notary commission details, which many recorders will reject.
  • Omitting recording instructions or payment details, resulting in delayed recording and potential priority loss to intervening liens.

Consequences of defective or improperly recorded deeds

Recording Rejection: Requires re-execution and delays priority
Title Clouded: May necessitate corrective deed or quiet-title action
Tax Impact: Transfer tax misreporting can trigger penalties
Lien Priority Loss: Late recording can subordinate interests to later filers
Additional Costs: Attorney and re-recording fees increase expense
Fraud Risk: Improper authentication can expose parties to fraud claims

eSignature vendor comparison for deed signing and notarization workflows

Compare typical vendor starting prices and capabilities relevant for executing and managing deeds; signNow is listed first per vendor ordering rules.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies Varies Varies

Real-world examples of electronic deed workflows in practice

These short examples show how firms and brokers use electronic signing and secure notarization to complete closings remotely.

Martin Properties

A brokerage moved closings online to reduce travel and turnaround times for buyers and sellers.

  • The firm used mobile and RON notary options to execute deeds remotely.
  • As a result, they reported fewer scheduling delays, consistent compliance with required acknowledgements, and faster delivery of recorded deeds to clients.

Optica Ventures

A small investor group standardized on digital workflows to streamline trust and conveyance transfers.

  • They combined title commitment data with templates for quick deed drafting.
  • This approach reduced drafting errors, shortened escrow timelines, and produced consistently formatted recorded instruments for their portfolio management.

Frequently asked questions about Illinois Real Estate Deeds

Answers to common execution, notarization, recording, and electronic-signature questions for Illinois deeds.


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