Illinois Compiled Statutes 755 ILCS 27/40 – Requirements
Current as of: 2024 | Check for updates
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(a) A transfer on death instrument:
(1) must: (i) contain the essential elements and
(1) must: (i) contain the essential elements and
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formalities of a properly recordable inter vivos deed, but does not need to state consideration or the addresses of the beneficiaries; and (ii) must be executed, witnessed, and acknowledged in substantial compliance with Section 45;
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(2) must state that the transfer to the designated
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beneficiary is to occur at the owner’s death; and
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(3) must be recorded before the owner’s death in the
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public records in the office of the recorder of the county or counties in which any part of the real property is located.
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(b) The failure to comply with any of the requirements of subsection (a) will render the transfer on death instrument void and ineffective to transfer title to the real property at the owner’s death.
Terms Used In Illinois Compiled Statutes 755 ILCS 27/40
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Inter vivos: Transfer of property from one living person to another living person.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14