Property owners (the grantor) can use an Illinois quitclaim deed form to easily pass property to another person (the grantee).
In Illinois, you must adhere to the filing requirements specific to the county where the property is located.
An Illinois quitclaim deed’s purpose is only to transfer the property. The quitclaim deed does not guarantee that the property title is free and clear of any claims or liens.
Instead, you need a warranty deed to transfer property with warranties as to ownership and right to transfer, which helps the grantee determine exactly what interest and rights they are receiving from the transfer.
Illinois Quitclaim Deed Laws and Requirements
Illinois quitclaim deed form requirements are covered by 765 Illinois Compiled Statutes (ILCS) 5/, also called the Conveyances Act.
Under this Act, the quitclaim deed transfers only the owner’s property interest without any guarantees or protections from other claims.
The Conveyances Act also covers other types of deeds and property transfers, and quitclaim deeds are specifically covered in 765 ILCS 5/10.
The law requires quitclaim deeds to include the language “convey and quit claim” and not words such as “grant,” “bargain,” and “sell.”
If you’re preparing the Illinois quitclaim deed, enter the property description just as it appears on the previous deeds.
If you can’t find an old deed, check with the county recorder of deeds in the county where the property is located. They can tell you where to get a copy of an earlier deed.
The legal description must include the plat number, boundaries, existing easements, the assessor’s tax number, and the street address if any.
Again, if you are writing your quitclaim deed, you should be sure to enter the full legal description exactly as it appears on a prior deed. List the county where the property is located and provide the Property Index Number (PIN).
You can locate the number on your county tax bill or assessment or contact your County Assessor’s Office.
According to 765 ILCS 5/20, the grantor must sign the Illinois quitclaim deed form in the presence of a notary. The document must be notarized.
A real estate transfer tax, or document transfer tax, is required per 35 ILCS 200 unless the transfer is exempt. The amount is calculated based on the value of the property being conveyed.
If a transfer tax is due, Form PTAX-203, Real Estate Transfer Declaration, must be completed and be signed by the grantor (seller), grantee (buyer), and preparer and then filed either on paper or online.
Remember that many quitclaim transfers are not taxed because they are gifts or transfers between spouses. In Illinois, any transfer of property under $100 is not subject to a transfer tax.
However, gifts to children may be subject to capital gains taxes when the children later sell the property.
Upon completing, signing, and notarizing the Illinois quitclaim deed form, file it with the County Recorder’s Office in the county where the property is located.
Additionally, file Form PTAX-203 to calculate and pay the transfer tax, if applicable.
You may also need the property or permanent index number (PIN). This number is affixed to the top of the deed when it is recorded. Ask for multiple copies when you present the deed so everyone can have one.
You should check with your County Recorder to see if the county has different forms and determine the filing fees for recording the document.
How to Write & File a Quitclaim Deed in Illinois
Take the steps below to write and file a quitclaim deed in Illinois.
Step 1 – Obtain Quitclaim Deed Form
Download the IL quitclaim deed form. Add the full name and mailing address of the person who prepared the quitclaim deed.
Step 2 – Fill in ‘Return To’ Details
Add the name and return mailing address that the County Recorder’s Office will mail the deed to after it is recorded as well as future tax statements.
This is typically the buyer but it does not have to be. This goes under the document preparer’s information.
Step 3 – Enter Grantor Information
Fill in the grantor’s (seller’s) information. This will be the grantor’s full name and address.
Step 4 – Write Grantee Details
Fill in the grantee’s (buyer’s) information. This includes the grantee’s full name and address.
Step 5 – Note Consideration
Provide whether there is an exchange of money for the property, also known as consideration. If there is, list the amount spelled out in words, followed by the numerical value in parentheses.
Step 6 – Enter Legal Description
Add the complete legal description including the plat, property address, and a description of the building and property. List the county where the property is located and provide the Property Index Number (PIN).
You can locate the number on your county tax bill or assessment or contact your county assessor’s office.
Step 7 – Get Form Notarized
Have the grantor sign the document and print their name below. This must be done in the presence of a notary public.
Step 8 – File Your Illinois Quitclaim Deed
Submit the quitclaim deed and documents (e.g., Transfer Tax Declaration or Transfer Tax Exemption Statement) to the County Recorder’s Office to officially record the deed.
Illinois Quitclaim Deed Sample
Below is an example of what an Illinois quitclaim deed looks like.