Illinois Compiled Statutes 755 ILCS 27 Illinois Residential Real Property Transfer on Death Instrument Act. Section 55

    (755 ILCS 27/55)

    Sec. 55. Revocation by recorded instrument authorized; revocation by act or unrecorded instrument, not authorized.

     (a) An instrument is effective to revoke a recorded transfer on death instrument, or any part of it, only if:

        (1) it is:

            (A) another transfer on death instrument that

        revokes the instrument or part of the instrument expressly or by inconsistency; or

            (B) an instrument of revocation that expressly

        revokes the instrument or part of the instrument; and

        (2) it is:

            (A) executed, witnessed, and acknowledged in the

        same manner as is required by Section 45 on a date that is after the date of the acknowledgment of the instrument being revoked; and

            (B) recorded before the owner's death in the

        public records in the office of the recorder of the county or counties where the prior transfer on death instrument is recorded.

    (b) A transfer on death instrument executed and recorded in accordance with this Act may not be revoked by a revocatory act on the instrument, by an unrecorded instrument, or by a provision in a will.

(Source: P.A. 97-555, eff. 1-1-12; 97-813, eff. 7-13-12.)

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Last modified: February 18, 2015