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Date: 09/05/2025

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  4. Transfer on Death Instrument basics

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Transfer on Death Instrument basics Guide

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In Illinois, a property owner can transfer ownership of their real property upon their death using a Transfer on Death Instrument (TODI). Because the probate process is not involved, a TODI is a good way to save time and money when leaving real property like a house to someone. The property owner keeps all of their rights to the property until they die. When the property owner dies, the real estate will pass to the beneficiary or beneficiaries named in the TODI.

Learn more about Transfer on Death Instrument common questions.

 

What is a Transfer on Death Instrument?
What types of property can a Transfer on Death Instrument be used for?
What is the advantage of a Transfer on Death Instrument?
Who can be given property under a Transfer on Death Instrument?
Can the property owner still use a Transfer on Death Instrument if they co-own the property with someone else?
If they’ve signed a Transfer on Death Instrument, can the property owner still keep ownership rights like using the property as collateral on a loan or selling the property?
Are there any tax consequences to using a Transfer on Death Instrument?
How does a Transfer on Death Instrument transfer the house after the property owner’s death?
Can someone cancel or revoke a Transfer on Death Instrument if they change their mind?
What if the property owner has a will? Can they still use a Transfer on Death Instrument or does the will replace it?
Can the property owner still file a Transfer on Death Instrument if there is a mortgage on the property?
What happens if the Transfer on Death Instrument beneficiary dies before the property owner?
Can a property owner use the Illinois Transfer on Death Instrument for property located outside of Illinois?
Where can forms and more information about Transfer on Death Instruments be found?
Should you get a lawyer to help with a Transfer on Death Instrument?
Last full review by a subject matter expert
May 06, 2025
Last revised by staff
May 17, 2025

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Creating a Transfer on Death Instrument
Canceling or revoking a Transfer on Death Instrument

Forms

Transfer on death instrument Easy Form
A program to prepare a Transfer on Death Instrument to give residential property to your loved ones after your death.
Transfer on Death Instrument Revocation Blank form
You can use this form to revoke a real estate Transfer on Death Instrument that you have filed with a county Recorder of Deeds.

Learn more

Transfer on Death Instrument common questions

Worried about doing this on your own?  You may be able to get free legal help.

Apply Online

Take action

Creating a Transfer on Death Instrument
Canceling or revoking a Transfer on Death Instrument

Forms

Transfer on death instrument Easy Form
A program to prepare a Transfer on Death Instrument to give residential property to your loved ones after your death.
Transfer on Death Instrument Revocation Blank form
You can use this form to revoke a real estate Transfer on Death Instrument that you have filed with a county Recorder of Deeds.

Learn more

Transfer on Death Instrument common questions
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© 2025 Illinois Legal Aid Online. 
All rights reserved.
 
ILAO is a registered 501(c)(3) nonprofit organization. ILAO's tax identification number is 20-2917133.