Illinois Quitclaim Deed Form

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Written by Lumr Team

A quitclaim deed transfers your existing interest in real estate to another person. However, it does not act as a guarantee that you have a full claim of the title. You can use Lumr’s Illinois quitclaim deed template to enter your details and create a customized document you can download and sign, all in just a few minutes.

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What Is an Illinois Quitclaim Deed?

A quitclaim deed is a legal document that allows you to transfer or release the interest you currently have in a property in Illinois.

When you make a quitclaim deed, Illinois law states that only the rights to the property that you have at the time of signing are transferred. It does not retroactively transfer a title you get after signing.

This document also does not guarantee that you own the property or that the title is free from liens or competing claims.

Illinois Quitclaim Deed Requirements

There are certain requirements you must be aware of when drafting a quitclaim deed. Some of the main requirements as stated by Illinois law are explained below:

RequirementIllinois LawExplanation
1. Written and signed deed765 ILCS 5/1The conveyance must be in writing and signed by the person transferring the property interest.
2. Quitclaim deed details765 ILCS 5/10Include the grantor, grantee, consideration, property description, county, date, and grantor’s signature.
3. Acknowledgment765 ILCS 5/35cFor recording, the grantor’s signature should be acknowledged before a notary public or another authorized official.
4. Homestead rights765 ILCS 5/27; 735 ILCS 5/12-904Homestead rights may require an express waiver and the spouse’s participation, depending on the transfer.
5. Tax-bill information765 ILCS 5/35cInclude the name and address of the owner who should receive future property tax bills.
6. Preparer and return information55 ILCS 5/3-5022; 55 ILCS 5/3-5020.5Recorded documents generally identify the preparer and the person who should receive the deed after recording.
6. Transfer declaration35 ILCS 200/31-25File the required Illinois transfer declaration unless the transaction qualifies for an applicable exemption.
7. County recording765 ILCS 5/28Record the deed in the Illinois county where the real estate is located.

If more than one person will own the property after the transfer, the deed should also clearly state how they will hold title.

Common Uses for an Illinois Quitclaim Deed

Quitclaim deeds are usually used when the parties already know each other quite well and trust each other. They’re commonly used when:

  • Transferring property to a spouse or family member
  • Adding or removing a co-owner
  • Transferring property after a divorce
  • Releasing an existing or possible ownership claim
  • Transferring an interest to a trust or business entity
  • Correcting or confirming ownership information
  • Updating the title after a legal name change

Create Your Illinois Quitclaim Deed

Illinois Quitclaim Deed With a Mortgage

Quitclaim deeds can still transfer ownership interest if you have taken a mortgage out on the property.

However, this document never removes the grantor from the mortgage if they still have debt to pay. It can never be used to make the grantee responsible for the rest of the loan.

Both parties should make sure that they fully understand the effect of a quitclaim deed on mortgaged properties before completing the transfer. Consider discussing this with an expert if you have any doubts.

How to File a Quitclaim Deed in Illinois

You can easily create an Illinois quitclaim deed with Lumr. Simply follow the steps below to complete and download your document, and then record it in Illinois.

  1. Start your quitclaim deed online

    Start by opening Lumr’s Illinois quitclaim deed template.

  2. Add the grantor and grantee

    Next, enter the full legal names and required addresses of the person transferring the property and the person receiving it.

  3. Enter the property details

    Add the property’s legal description and other required information. Use the legal description from the current deed instead. The street address alone is not enough.

  4. Review the transfer details

    Before signing, make sure you know the ownership interest you are transferring and any consideration involved.

  5. Sign the deed

    Download the completed document, then sign it. Have your signature acknowledged before a notary public or another authorized official. If homestead or spousal rights apply, another signature may be required.

  6. Complete the tax requirements

    Check whether you need Form PTAX-203 and whether Illinois transfer tax applies. Some transfers qualify for an exemption, including certain transfers for less than $100 in actual consideration.

  7. Record the deed

    Finally, you need to deliver the deed to the grantee and file it with the recorder in the Illinois county where the property is located. Recording helps protect the new owner’s interest.

FAQs About Illinois Quitclaim Deeds

Still have some doubts about using a quitclaim deed in Illinois? Find quick answers to the most common issues below.

Does an Illinois quitclaim deed require notarization?

Yes, if you want to record the deed in Illinois, you should get your signature acknowledged before a notary public or another authorized official.

Are witnesses required for a quitclaim deed in Illinois?

No, Illinois does not generally require you to have witnesses for a standard quitclaim deed.

Where do you record a quitclaim deed in Illinois?

You should always record the quitclaim deed with the recorder in the county where the property is located.

Check the county recorder’s current filing instructions before submitting it. Separate fees and local filing procedures can vary from county to county.

Is a quitclaim deed required to be recorded in Illinois?

Recording is not what makes the deed effective between you and the grantee. However, it’s still a good idea to record it.

An unrecorded deed may not protect the grantee against a later buyer or creditor who acquires rights without knowing about the transfer.

What supplementary tax forms are needed when filing an Illinois quitclaim deed?

You generally need Form PTAX-203 (Illinois Real Estate Transfer Declaration). Your transfer might qualify for an exemption, in which case this document is not necessary.

Your county or municipality may also have additional transfer tax requirements.

Does an Illinois quitclaim deed guarantee a clear title?

No. An Illinois quitclaim deed transfers only the ownership interest you currently have.

It does not guarantee that you hold a valid title. It also does not prove that the property is free from:

  • Mortgages
  • Liens
  • Competing claims

Can a quitclaim deed be used to transfer property to a family member in Illinois?

Yes, you can use a quitclaim deed to transfer your property interest to a family member.

You should still check any mortgage, homestead, tax, and ownership requirements before completing the transfer. These usually apply to family members too.

Can a quitclaim deed be revoked after it is recorded in Illinois?

Generally, no. Once you have validly delivered the deed and the grantee has accepted it, you cannot simply cancel the transfer.

However, the transfer can be reversed if either:

  • The grantee transfers the property back with a new deed
  • A court makes the deed null and void

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