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Illinois Quitclaim Deeds (aka Quit Claim Deed)

Illinois Quit Claim Deeds (aka Quitclaim Deed and Quick Claim Deed)

What is a Quit Claim Deed

An Illinois Quitclaim Deed conveys whatever ownership the Grantor has in the property to the Grantee without any warranties.  Quitclaim Deeds are are commonly used when conveying real estate as a gift, when property is placed in a living or land trust, adding a spouse (or other family member) to the title, or to distribute the property as part of a divorce settlement.  

Legal significance of a Quitclaim Deed

An Illinois Quitclaim Deed (Quit Claim Deed) is not a one-size-fits-all document for everyone and needs to be carefully drafted for each transfer.  There can be huge legal ramifications if the deed is drafted improperly or parts left omitted.  If you find a "generic" quitclaim deed online (or at the office store), it may not include some of the information required by statute or information the County Recorder requires when recording the deed.

Quitclaim Deed Services offered by Lohse Law

Lohse Law offers two Quitclaim Deed services for much of the Chicagoland area.  

  1. For as little as $150, Lohse Law will prepare a new Illinois quitclaim deed for you. 
  2. If you require assistance with getting the new quitclaim deed recorded, Lohse Law offers this service in many Chicagoland areas.  Please inquire about price for this "full service" option because every city / municipality has different requirements and fees.

5 Steps to Prepare and Record an Illinois Quitclaim Deed

1. Prepare the Quitclaim Deed

There are multiple types of tenancies.  The tenancy type effects ownership rights differently.  Certain tenancies will enable you to avoid probate and possibly some creditors.  Some will transfer your "ownership" automatically to others on title, others will not.  Tenancy types include the following:

  • Tenants In Common
  • Joint Tenants with the Right of Survivorship
  • Tenants By The Entirety

2. Prepare the Grantor / Grantee Statement

A Grantor & Grantee Statement is required in some Illinois counties. The purpose is that the grantee on the quit claim deed  is either a natural person, an Illinois corporation, foreign corporation, or other entity authorized to do business or acquire and hold title to real estate in Illinois.

3. Acquire Local Municipal Transfer Stamps

Many local municipalities, villages or cities require a "transfer stamp."  If no money is being transferred, this would be called an "Exempt Transfer Stamp."  To get the transfer stamp, some municipalities may require you to have an occupancy inspection, sewer inspection, zoning certificate, or a full payment water certificate (even for condos where associations pay the water).  

4. Prepare the County & State Transfer Declaration

Some counties in Illinois require you to prepare a property tax transfer declaration.  This was previously known as the P-Tax form.  As of 2019, the "MyDec" declaration must be completed online and submitted through MyTax Illinois (Illinois Dept. of Revenue) for all quitclaim deeds recorded in Cook County.

5. Recording the Quitclaim Deed with the County

Once you have completed the above steps, you can record the Illinois Quitclaim Deed with the County Recorder.  The Recorder will not accept or record the deed if all of the steps for your municipality haven't been properly completed.  All counties in Illinois now have flat / fixed pricing to record the deed.  Amounts vary from $54 to $98 depending on the county.

Lohse Law's Video about Illinois Quitclaim Deeds

Check out this great video for Illinois Quitclaim Deeds.  It has several thousand views!