Detailed Answer
When heirs inherit real estate in Illinois, they must use the proper legal instrument to transfer their interests. Generally, the options are:
- Quitclaim Deed: Conveys any interest the grantor has without promises. This is the most common deed when multiple heirs divide or convey inherited property.
- Special Warranty Deed: Warrants title only against defects arising during the grantor’s ownership. Heirs seldom use this unless they are certain of the chain of title.
- Executor’s or Administrator’s Deed: When a personal representative handles the transfer under probate, they execute a deed in their representative capacity. See the Illinois Probate Act of 1975, 755 ILCS 5/32-4 (link).
- Clerk’s Certificate of Distribution: After probate closes, the circuit court clerk can issue a certificate that, when recorded, transfers title without a separate deed. See 755 ILCS 5/32-6 (link).
For property located in another state, Illinois heirs must first open ancillary probate in that jurisdiction or obtain a foreign certificate of appointment from the Illinois court. The ancillary representative then executes the appropriate deed under the other state’s law (often a quitclaim or executor’s deed) and records it with that state’s county recorder.
Key Steps to Convey and Record the Deed
- Obtain authority. In Illinois probate, secure Letters of Office or a court order for distribution (755 ILCS 5).
- Prepare the deed. Include the legal description, grantor(s), grantee(s), consideration, and type of deed (e.g., quitclaim).
- Sign before a notary. All grantors (heirs or personal representative) must acknowledge the deed in the presence of a notary public.
- Complete transfer forms. Some counties require a Real Estate Transfer Declaration or tax form for documentary stamps (765 ILCS 5/1–6; Recording Act).
- Record with the county recorder. File the original deed and attachments in the recorder’s office where the property lies. Pay the standard recording fee and any transfer taxes.
- Verify the record. Obtain a stamped copy or confirmation to ensure marketable title for the grantee.
Helpful Hints
- Identify all heirs. Ensure every person with an interest signs the deed or is represented by the personal representative.
- Use a professional survey. Confirm the legal description matches the county’s records to avoid boundary disputes.
- Check for liens. Request a title search before signing to identify mortgages or judgments that must be cleared.
- Understand ancillary probate. For out-of-state property, ancillary probate prevents title challenges by creditors or other heirs.
- Keep copies. Retain certified copies of probate documents and recorded deeds for your files.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.