Illinois Quitclaim Deed Requirements

An Illinois quitclaim deed is a legal document that transfers ownership of or interest in a property from the current property owner (the grantor or seller) to another party (the grantee or buyer) without going through the other steps often required to sell a property (like a warranty, title search, or discovery process).

Quitclaim deeds are typically used to transfer property between family members: to remove a former spouse from the deed following a divorce, to change the status of joint property, or to sell or transfer a property to a family member. They may also be used to transfer a property into a trust.

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