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Illinois Compiled Statutes - Full Text

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Illinois Compiled Statutes - Full Text

Illinois Compiled Statutes (ILCS)

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.


755 ILCS 27/40

    (755 ILCS 27/40)
    Sec. 40. Requirements.
    (a) A transfer on death instrument:
        (1) must: (i) contain the essential elements and
    
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;
        (2) must state that the transfer to the designated
    
beneficiary is to occur at the owner's death; and
        (3) must be recorded before the owner's death in the
    
public records in the office of the recorder of the county or counties in which any part of the real property is located.
    (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.
(Source: P.A. 102-68, eff. 1-1-22.)