Illinois Quit Claim Deed Form
While an Illinois Quit Claim Deed does not offer any warranty of title, it does offer other notable benefits, three of which will now be highlighted. Firstly, it allows for a party with interest in a given property (the “Grantor”) to easily transfer this interest to a party (the “Grantee”) who does not require any confirmation of title e.g., a family member, or a current or former spouse. Secondly, it can provide the parties with tax benefits and savings that would not be possible using another type of Deed. Lastly, it helps to clarify ambiguities regarding different claims to the property.
Laws (765 ILCS 5/): Illinois Compiled Statutes, “Conveyances Act”
Recommended form (765 ILCS 5/10): This provision provides an outline of the general form the Quit Claim Deed should take. Listed below are the noteworthy inclusions found in the form. It should be kept in mind that there are numerous other mandatory inclusions that must be evident either in the Quit Claim Form or in addition to it, of which are noted below this section.
- The Grantor’s name and place of residence,
- The consideration in question,
- The Grantee’s name and place of residence,
- Description of the real estate and county it is situated
- The date of execution, and
- The Grantor’s signature.
Blank space for the Recorder (765 ILCS 5/10): Requests that the document features a blank space that can be used by the Recorder. Specifically, an area of three and a half inches (3.5″) and three and a half inches (3.5″).
Book and page number (55 ILCS 5/3-5020.5(3)): States that the book and page number of any relevant instruments concerning the Deed should be provided where applicable.
Deed preparer’s information (55 ILCS 5/3-5022): Requires the party who prepares the Deed to provide a statement that includes their name, address, and an assertion that the Deed will not be applicable in specific circumstances. An example statement is provided in the provision for reference.
Grantee’s name and address (55 ILCS 5/3-5020): Reasserts the need for the Grantee’s name and address to be stated on the form, in this case, for tax billing purposes.
Homestead real estate (765 ILCS 5/27): Makes it necessary for the Grantor’s spouse to also sign the Deed in cases where the real estate is a homestead. That is, unless the spouse provides a release or waiver to this right.
Returning the Deed after filing (55 ILCS 5/3-5020.5(1)): Requires for details to be provided about where and to whom the Deed should be returned upon filing.
Recorder’s document number (55 ILCS 5/3-5020.5(2)): Necessitates the provision of the Recorder’s document number of any relevant instruments concerning the Deed.
Real estate index number (55 ILCS 5/3-5027): Outlines the circumstances in which a real estate index number must be provided.
Written form: (765 ILCS 5/1): Stipulates that all Deeds must be in writing. The Quit Claim Deed offered above is thus ideal to attend to this legal requirement.
Signing requirements (765 ILCS 5/1 and 765 ILCS 5/20): The Grantor must sign the Quit Claim Deed, and their signature must be acknowledged or proven before one (1) of the courts or officers provided by this provision. For instance, a Notary Public or county clerk are both permitted to perform the acknowledgment.
765 ILCS 5/10 states that the names of the parties must appear below their respective signatures. The names may either be typed or printed.
How to file a Quit Claim Deed in Illinois (765 ILCS 5/28): When all necessary sections of the Illinois Quit Claim form have been completed, the form must be recorded in the county the property is located. The recording should take place at the County Recorder’s Office. In order for the document to be filed, any filing fees and the mandatory additional form noted below will also need to be respectively paid and filed.
Another indispensable consideration regards the state’s recording statute. In Illinois, 765 ILCS 5/30 and 765 ILCS 5/31 outline a “notice recording statute” which imposes rules on recording legal documents in the state. In the context of recording a Quit Claim Deed form, this statute establishes that if a Grantor enters into a Deed with a Grantee who delays recording their Deed, and in the meantime enters into a Deed for the same property with another Grantee who does not know about other Deed, they will subsequently be granted the rights to the property.
It will not matter which Grantee executed their Deed first; if a Grantee does not provide the “notice” (via recording their Deed) that this provision mandates, another Grantee who does not have notice of this Deed is within their rights to claim the property.
The bottom line is that it is crucial for the Deed to be filed as soon as it is ready to be.
Filing Fees (55 ILCS 5/3-5018): The County Recorder’s Office imposes fees for filing the Deed, such as:
- Twelve dollars ($12.00) for the first four (4) pages,
- An additional one dollar ($1.00) for each additional page,
- An additional one dollar ($1.00) for each additional document number.
Other fees that may be charged are stated in the provision. The minimum fee for the recording is set at twelve dollars ($12.00).
Mandatory additional form: For the Quit Claim Deed to be processed, Form PTAX-203: Real Estate Transfer Declaration must also be completed and filed.