Illinois — How to File and Record a New Deed After a Spouse’s Death So Your Child Becomes Owner

Short answer: The exact steps depend on how the property was titled before death. If the property passed automatically (for example, joint tenancy with right of survivorship or tenancy by entirety), the surviving owner may record the death certificate and an affidavit or other supporting proof to establish survivorship. If the decedent owned the property individually, you usually must open probate or use an appropriate court process to get authority (letters testamentary or administration) and then have the personal representative execute and record a deed to transfer title to your child. This summary explains the common pathways and typical steps under Illinois law. This is educational information only and not legal advice.

Key Illinois law reference: The Probate Act of 1975 governs probate administration in Illinois. See the Illinois Compiled Statutes: Probate Act of 1975 (755 ILCS 5) for rules about administering estates and issuing letters of office: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=60. For court forms and procedural help, the Illinois Courts website is a useful resource: https://www.illinoiscourts.gov/.

Step 1 — Confirm how the property was titled

Title determines the quickest path to transfer:

• Joint tenancy with right of survivorship or tenancy by entirety: The surviving owner usually becomes sole owner automatically. Recording a certified death certificate and any required affidavit may be enough to update the recorder’s office.
• Tenancy in common or sole ownership: The decedent’s interest becomes part of their estate and usually requires probate (or an alternative court order) to transfer title to heirs.
• Transfer-on-death (TOD) deed: If the decedent executed a valid TOD deed naming your child as beneficiary, the deed takes effect at death and is recorded according to the instrument’s terms.

Step 2 — Get certified copies of the death certificate

Obtain multiple certified copies from the local vital records office or the Illinois Department of Public Health. The recorder’s office, title companies, banks, and the probate court will want certified copies. Illinois vital records information: https://dph.illinois.gov/topics-services/birth-death-marriage/certificates.html.

Step 3 — Determine whether probate is necessary

If title passes by survivorship or under a valid TOD deed, you may avoid probate. If the decedent owned the property solely or as a tenant in common, you will typically need probate administration to obtain authority to transfer the property. The Probate Act (755 ILCS 5) sets out when and how the court appoints a personal representative and approves distributions.

Step 4 — If probate is required, open an estate or obtain letters

• File a petition in the county probate court where the decedent lived to open probate or admit the will.
• If there is a will, the executor named may seek letters testamentary. If no will exists, a surviving family member can petition to be appointed administrator and obtain letters of administration.
• The court issues letters that authorize the personal representative to act on behalf of the estate, including selling or conveying real property and executing deeds.

Step 5 — Prepare the deed to transfer title to your child

Once you have authority (survivorship evidence or letters of office/court order), prepare a deed transferring the property to your child. Key points:

• Use the correct deed form for the situation (quitclaim deed, special warranty, or statutory form) as advised by a title company or attorney.
• The deed must identify the grantor (the person or the estate acting through the personal representative), the grantee (your child), a legal description of the property (not just the address), and the consideration (often nominal, e.g., $1, or language “for love and affection” — check recorder requirements).
• The personal representative signs the deed. If the property passed by survivorship, the surviving owner signs. Signatures must be notarized.

Step 6 — Pay transfer taxes and collect supporting documents

Before recording, confirm any state or county real estate transfer taxes, documentary stamps, or fee requirements. You will typically need to present:

• Certified death certificate
• Letters testamentary or letters of administration, or a certified court order if required
• Original recorded deed (sometimes required)
• The signed, notarized new deed

Step 7 — Record the deed at the county recorder/recorder of deeds

Take or send the deed and supporting documents to the recorder of deeds in the county where the property sits. The recorder records the deed, assigns a new recording number, and returns a stamped copy. Recording preserves the transfer against third-party claims and updates title records and tax rolls.

Step 8 — Update property tax and insurance information

After recording, notify the county assessor/collector to update tax bills. Update mortgage holder and homeowner’s insurance if applicable. If the estate will sell the property, consult the mortgage company and the title company early.

Timing and cost considerations

Time: If title passes by survivorship, recording may take only days. If probate is required, administration typically takes months and depends on the estate’s complexity and any creditor claims. Cost: expect court filing fees, publication costs, attorney fees (if you hire one), deed drafting and recording fees, and possible transfer taxes.

When you can transfer property to a child without probate

• Survivorship: If the decedent held title jointly with right of survivorship, the survivor becomes sole owner on death and can record proof.
• TOD deed: A valid transfer-on-death deed that names a beneficiary takes effect at death and is recorded per the deed’s instructions.
• Small estate shortcuts: Illinois has limited nonprobate procedures for personal property and small estates, but transferring real estate usually requires probate or a court order. Confirm exceptions with the probate court or counsel.

Practical example (hypothetical facts)

Hypothetical: Henry and Mary hold title as tenants in common. Mary dies owning a one-half interest in her name only, leaving a will naming Henry as executor and naming their child, Ashley, as beneficiary of the one-half interest. Henry must open probate to have Mary’s will admitted, obtain letters testamentary, then the personal representative (or Henry acting with letters) prepares and signs a deed transferring Mary’s one-half interest to Ashley. That deed, together with Mary’s certified death certificate and letters testamentary, is recorded with the county recorder to complete the transfer.

When to hire an attorney

Consider hiring a probate or real estate attorney if:

• The title is unclear.
• There is no will or family disputes about heirs.
• The estate owns other assets or liabilities, or creditors may claim against the estate.
• You need a deed drafted correctly to avoid future title defects.

Disclaimer: This is general educational information about Illinois law and is not legal advice. For advice specific to your situation, consult a licensed Illinois attorney or the local probate court.

Helpful Hints — Quick checklist and practical tips

• First, find the deed that shows how the property is titled (joint tenancy, tenancy in common, etc.).
• Order multiple certified death certificates immediately.
• Contact the county recorder of deeds to ask what paperwork they require to record a deed after death for your county.
• If you think the property transferred by survivorship, bring the original deed, certified death certificate, and photo ID to the recorder.
• If probate seems required, visit the local probate court clerk to ask about filing and the basic forms you must submit. Illinois Courts: https://www.illinoiscourts.gov/.
• Use a title company to run a post-death title search before recording a new deed to spot possible liens or issues.
• Have deeds prepared or reviewed by an attorney or title company to ensure the legal description and signatures meet recorder requirements.
• Keep copies of everything recorded and delivered. Get the recorder’s stamped copy for your child’s permanent records.
• Expect to update property tax and insurance records after recording.