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Illinois, United States

Illinois Quitclaim Deed

Transfer your interest in a Illinois property — between family, into a trust or LLC, or after a divorce — and download a print-ready PDF with Illinois’s signing rules built in. Free, no signup.

Reflects current Illinois rules · 2026Official source linkedFree PDF · no signup · nothing uploaded

Maintained by the SealForms editorial team · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.

Illinois deed rules · as of 2026

Witnesses (besides notary)
None — notary only
Where to record
County Recorder of Deeds (in Cook County the Recorder of Deeds office was merged into the County Clerk in Dec. 2020)
Transfer tax
Yes — see below

Source: 765 ILCS 5/10; 765 ILCS 5/20 · verify ↗. A deed moves real property — have someone qualified review it before you sign, and record it promptly.

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Generated with SealFormsReflects Illinois law · verified 2026

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    When a quitclaim deed is the right tool — and when it isn't

    • Right: adding or removing a spouse after marriage or divorce, transferring into your living trust or LLC, gifts between family members, clearing a title cloud.
    • Wrong: buying property from someone you don't know — a quitclaim carries no warranty of title. Use a warranty deed and title insurance for purchases.

    Illinois signing & recording

    No — in Illinois the grantor's notarized signature is enough; no separate witnesses are required (765 ILCS 5/10, 5/20 (Conveyances Act — signature + acknowledgment only; no witness requirement anywhere in the Act), as of 2026). 765 ILCS 5/20 — deeds must be acknowledged or proved before a listed officer (in Illinois: notary public, US commissioner, county clerk, or judge/clerk of a court), with certificate/seal attested Record the signed deed with the County Recorder of Deeds (in Cook County the Recorder of Deeds office was merged into the County Clerk in Dec. 2020). Transfer tax: Illinois Real Estate Transfer Tax: state $0.50 per $500 of value (35 ILCS 200/31-10) + county $0.25 per $500 (55 ILCS 5/5-1031), plus home-rule municipal taxes (e.g., Chicago); deeds with actual consideration under $100 are exempt (35 ILCS 200/31-45(e)), as are no-consideration corrective deeds (31-45(d)) Check the current Illinois deed rules before recording.

    Married? If the property is (or may be) your homestead, your spouse may need to sign the deed even if they are not on title — several states require it, and a deed missing that signature can be rejected for recording or invalid. Use the “Co-grantor / spouse” field above to add their signature line, and check your state’s rule before recording.

    Existing mortgage? Transferring mortgaged property can trigger the loan’s “due-on-sale” clause. Federal law (12 U.S.C. §1701j-3(d), the Garn–St Germain Act) bars lenders from enforcing it for several transfers of residential property with fewer than five dwelling units — including a transfer to the borrower’s spouse or children, a transfer resulting from a divorce decree, and a transfer into an inter vivos (living) trust in which the borrower is and remains a beneficiary. The loan itself stays in place either way — nobody is released until it is refinanced. Read the statute ↗

    Frequently asked questions

    Does a quitclaim deed guarantee I own the property?

    No — and this is the single most important thing to understand. A quitclaim deed transfers only whatever interest the grantor actually has, with no warranty of title. If the grantor's title is defective or they own nothing, the grantee receives nothing and has no claim against them. That is why quitclaims are used between people who trust each other (family, divorce, trusts) — for a purchase from a stranger, use a warranty deed and title insurance.

    Does Illinois require witnesses on a quitclaim deed?

    No — in Illinois the grantor's notarized signature is enough; no separate witnesses are required (765 ILCS 5/10, 5/20 (Conveyances Act — signature + acknowledgment only; no witness requirement anywhere in the Act), as of 2026). 765 ILCS 5/20 — deeds must be acknowledged or proved before a listed officer (in Illinois: notary public, US commissioner, county clerk, or judge/clerk of a court), with certificate/seal attested

    Where do I record the deed in Illinois?

    With the County Recorder of Deeds (in Cook County the Recorder of Deeds office was merged into the County Clerk in Dec. 2020) where the property is located. Recording is what makes the transfer visible to the world — an unrecorded deed can be valid between the parties but lose to a later buyer or lender who records first. Take the original signed deed, pay the recording fee, and keep the returned stamped copy.

    Is there a transfer tax in Illinois?

    Illinois Real Estate Transfer Tax: state $0.50 per $500 of value (35 ILCS 200/31-10) + county $0.25 per $500 (55 ILCS 5/5-1031), plus home-rule municipal taxes (e.g., Chicago); deeds with actual consideration under $100 are exempt (35 ILCS 200/31-45(e)), as are no-consideration corrective deeds (31-45(d)) Check the current rate and exemptions before recording — the recorder will not accept the deed without the required tax forms or stamps.

    Can I use a quitclaim deed to remove someone from a mortgage?

    No. A deed changes who owns the property — it does not touch the loan. If both names are on the mortgage, both remain liable until the loan is refinanced or the lender releases the borrower, no matter what the deed says. Signing away your ownership while staying on the loan is usually the worst of both worlds.

    How does Illinois compare? See the deed witness requirements in all 50 states, every rule cited to statute.

    How Illinois compares

    Computed from our 51-jurisdiction dataset (as of 2026). Source for Illinois: 765 ILCS 5/10; 765 ILCS 5/20 ↗.

    • Illinois is one of 38 of 51 jurisdictions that charge a transfer or documentary tax when a deed is recorded (13 charge no state transfer tax on deeds).
    Witnesses required (beyond the notary)

    Witnesses required (beyond the notary): 0, exactly the national median.

    This is the most common figure nationally — shared by 45 other states.

    Witnesses required (beyond the notary) in neighboring states — Indiana (0), Iowa (0), Kentucky (0), Missouri (0), Wisconsin (0). Every neighboring state with a rule matches Illinois.

    Quitclaim deed in other states

    More Illinois legal forms

    Different state? See quitclaim deeds by state →