(755 ILCS 27/40)
Sec. 40. Requirements.
(a) A transfer on death instrument:
(1) must contain the essential elements and
formalities of a properly recordable inter vivos deed; and must be executed, witnessed, and acknowledged in substantial compliance with Section 45;
(2) must state that the transfer to the designated
beneficiary is to occur at the owner's death; and
(3) must be recorded before the owner's death in the
public records in the office of the recorder of the county or counties in which any part of the residential real estate is located.
(b) The failure to comply with any of the requirements of subsection (a) will render the transfer on death instrument void and ineffective to transfer title to the residential real estate at the owner's death.
(Source: P.A. 97-555, eff. 1-1-12; 98-821, eff. 1-1-15.)
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Last modified: February 18, 2015