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A Transfer on Death Instrument (TODI) is a method to transfer real estate upon a property owner's death without having to go through the probate process. Illinois law requires that the TODI be signed, witnessed, notarized, and recorded with the County Recorder of Deeds before the owner's death. Learn more about Transfer on Death Instrument basics.
In order to revoke or cancel a TODI, an owner must follow a similar process. A document must be signed, witnessed, notarized, and recorded with the county Recorder of Deeds before the owner's death. An owner can also revoke a current TODI by recording a new TODI that revokes the old TODI. Learn more about Canceling or revoking a Transfer on Death Instrument.
Once you have processed a TODI, it cannot be revoked in any other way than as listed above. That means it cannot be revoked through any unrecorded document or by a part of a will.
A sample form to revoke a TODI is below. In addition, many county Recorder of Deeds offices have sample forms to revoke a TODI.
Can I use this form?
Use this form to revoke a Transfer on Death Instrument (TODI) that you have filed with a County Recorder of Deeds office.
What do I need first?
To complete this form, you will need:
- The legal description of the property,
- The Property Index Number ("PIN"),
- The date the Transfer on Death Instrument (TODI) was recorded,
- The document number of the TODI, and
- The names of two witnesses who will sign the revocation with you.
You will also need a notary to verify your signature and the witnesses' signatures.
Worried about doing this on your own? You may be able to get free legal help.
