Estates & Powers of attorney
Worried about doing this on your own? You may be able to get free legal help.
Use our Transfer on Death Instrument (TODI) program to help you fill out the TODI form. Some counties have forms on their website, like Cook county and Will county. You can also pay a lawyer to help you draft the form if you need help.
Our program will also help you fill out a Notice of Death Affidavit and Acceptance of Transfer on Death Instrument. Sign the TODI in front of two witnesses and a notary. Neither the person you are giving the property to, nor their spouse, can be a witness. The witnesses must sign the TODI in front of the notary as well.
Bring the Transfer on Death Instrument (TODI) to the Recorder of Deeds office in the county where the property that you’re transferring is located. If it is located in more than one county, file it in every county where it is located. Bring your signed TODI form. Tell them you want to record your TODI. The TODI must be filed with the recorder of deeds before the death of the property owner(s). There is a fee of between $45-$100 to file the TODI with the Recorder of Deeds. The fee varies by county and by the number of pages filed.
While it is not mandatory, it is highly recommended that the beneficiary file the Notice of Death Affidavit and Acceptance of Transfer on Death Instrument within the two-year period after the property owner dies. It should be filed with the same Recorder of Deeds office where the Transfer on Death Instrument was originally recorded. The Recorder office may also want the death certificate of the property owner or the beneficiary's identification.
The beneficiary can also opt to reject the property.
Worried about doing this on your own? You may be able to get free legal help.
