Free Illinois Quitclaim Deed Form

An Illinois quitclaim deed is a document that a property owner (the grantor) uses to pass property to another person (the grantee) easily. The 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.

How to File

Filing an Illinois quitclaim deed involves a few key steps to make the transfer official. You’ll need to prepare the form, have it notarized, and submit it to the County Recorder of Deeds along with any required fees.

Step 1: Obtain the Deed

Start by getting the current deed to the property. You can search the county record’s website for online listings or visit the county recorder’s office in person to get it.

Step 2: Fill Out the Form

The necessary information for Illinois quitclaim deeds includes:

• Information about the property.
• The name and address of all parties involved in the transfer.
• The name and address of the party filling out the quitclaim deed.

Step 3: Get the Paperwork to a Notary

765 ILCS 5/20 requires you to have a quitclaim deed notarized. Sign the paperwork in front of a notary, who will attest that the document is legal and stamp it with their seal.

Do not sign the form until you are in the presence of the notary.

Step 4: Take the Document to the County Recorder of Deeds

Go to the County Recorder of Deeds and present your document, where they will stamp and file it. Contact them ahead of time to determine the current fees so that you will know how much you should expect to pay, since you will need to handle those costs at the time of the transfer.

State transfer taxes are $.50 per $500 of property value named in the transfer tax declaration; however, individual counties can assign their own transfer tax rates, which will need to be paid during the transfer.

Make any necessary copies of the document before you leave the County Recorder of Deeds Office. Both the grantor and the grantee may need copies of the quitclaim deed.

Costs and Fees

Filing a quitclaim deed in Illinois comes with a few costs, including county fees, state transfer taxes, and potential federal taxes. Knowing what to expect can help you plan ahead and avoid surprises.

Filing Fees

When you file your document, you should expect to pay a fee to have the deed transferred. Those fees may vary by county, so consult the County Recorder’s Office for more information.

Taxes

In addition to filing fees, you should expect to pay some state and federal taxes on the property.

1. Transfer Tax

Transfer taxes in the state are assessed at the County Recorder of Deeds. You will need to purchase Department of Revenue Stamps equal to the tax amount. As laid out in 35 ILCS 200/, state transfer taxes are $.50 per $500 of value noted in the Transfer Tax Declaration.

Who Pays the Transfer Tax?

Most of the time, the grantee, or the new owner of the property, will pay the transfer tax. However, in some cases, the grantee may negotiate with the grantor to have the grantor pay. There are also several situations when the grantor may choose to include the transfer tax as part of a gift, especially in the case of a property transfer between family members.

Exemptions to Transfer Tax

Under 35 ILCS 200/31-45, there are several exemptions to the transfer tax. These include:

• Property transfers made before January 1, 1968, but recorded after that date.
• Trust documents executed before January 1, 1986, but recorded after that date.
• Government property transfers, including property acquired by or from any government entity or properties transferred between government bodies.
• Property acquired by or from charitable, religious, or educational organizations.
• Deeds that secure debt or obligations.
• Deeds issued to a mortgage holder in order to move forward with foreclosure proceedings.
• Deeds related to the purchase of a primary residence of a participant in a program created by the Home Ownership Made Easy Act.
• Cases in which the recipient paid less than $100.

2. U.S. Gift Tax (Form 709)

The United States imposes a gift tax when large gifts are given to another party. This tax is based on the assessed value: in this case, the value of the property.

Illinois does not have a separate gift tax.

3. Capital Gains Tax

A capital gains tax is applied to the value of the profit made on the sale of a large asset, including a property. If the property is sold at a profit from its original purchase price, the grantor may need to pay the tax on that increased value. However, the IRS does allow some exclusions to the capital gains tax.

Illinois also has its own capital gains tax.

Illinois Quitclaim Deed Requirements

Illinois quitclaim deeds must meet specific legal requirements to be valid. State law outlines rules for property descriptions, signing, terminology, and filing to ensure a smooth and enforceable transfer.

Legal Framework

State law provides several requirements that must be taken into account when filing a quitclaim deed, per 765 ILCS 5/ (Conveyances Act):

Legal Description

A quitclaim deed should include a clear description of the relevant property. In addition to clearly outlining the address, legal real estate descriptions include all relevant information about a property’s location, including:

• The boundaries of the property.
• The survey system used to determine its boundaries.
• Any other information about the property and its location.

Signing

• According to 765 ILCS 5/20, quitclaim deeds will need to be signed by both parties and notarized.

Terminology

765 ILCS 5/10 lays out simple language that can be used to transfer property through a quitclaim deed. It says that, in substance, it must include:

• The grantor’s name(s) and place of residence.
• The consideration for using the quitclaim deed transfer.
• A declaration of intent to convey and quit claim to the property.
• The grantee’s name or names.
• A description of the real estate, including the county where it is located.

Additional Documents

You must also fill out and submit Form PTAX-203, or the Illinois Real Estate Transfer Declaration, and any real estate transfer fees paid. This form helps establish and calculate taxes due based on the type of property.

Filing

• Fill out the required legal documents for a quitclaim deed.
• Take the completed documents to the County Recorder of Deeds, where they will be stamped and filed.
• The grantee will be responsible for paying transfer fees related to the property at the time of filing.

Validity Requirements

In order to be valid, an Illinois quitclaim deed must include:

• Relevant information about the property.
• Information about all parties involved in the property transfer, including the name and address of the grantee or buyer.
• The name and address of the party that prepared the deed.
• A notary seal.
• Stamps from the County Recorder of Deeds.
• Form PTAX-203.
• The Property Index Number, or PIN – a number that designates which property is being transferred, according to county records.

If all relevant information is not included in the deed, the transfer may be considered invalid. That means ownership of the property may not change. The grantor may retain all duties related to the property, including tax responsibilities until the transfer is legalized.

Content Requirements

As per 765 ILCS 5/10, a quitclaim deed needs to include:

• The language “convey and quit claim” and not any mention of a grant, bargain, or sale.
• A legal description of the property.
• The name and address of the grantee.
• The name and address of the person who prepares the legal document.
• The name and address of the grantor.
• The consideration given for the property, including any funds or other property.

Quitclaim Deeds vs. Other Property Transfer Methods in Illinois

Sample Illinois Quitclaim Deed

See a sample Illinois quitclaim deed below—you can customize it using our editor and download it as a PDF or Word file.

Frequently Asked Questions