If you are adding a spouse to title, removing a former spouse, giving property to a family member, moving real estate into a trust, handling an inheritance, or simply cleaning up who's listed on the title, an Illinois quitclaim deed may be exactly what you need.
Filling in the deed itself is usually the easy part. What trips people up is the legal description, getting it notarized, figuring out which county office to use, whether your spouse also needs to sign, and Illinois's extra transfer form that almost every deed needs.
The good news: most family gifts and spouse-to-spouse transfers end up owing little or no transfer tax in Illinois. The part that surprises people is that you almost always still have to fill out a form saying so.
Where Illinois Deeds Are Recorded:
Illinois quitclaim deeds are recorded with the County Recorder in the county where the property sits. If the county has fewer than 60,000 people, the County Clerk handles recording instead of a separate recorder's office.
Almost every deed also needs a form called PTAX-203 filed alongside it, even when the transfer is a gift and no tax is actually owed. We cover this form in detail on our Illinois Transfer Declaration Forms page.
What You Need Before Filling Out the Deed
Gather these things before you start filling in the deed:
- Your current deed or a copy of the county property record
- The grantor's full legal name
- The grantee's full legal name and mailing address
- The complete legal description of the property
- The Property Index Number (PIN), sometimes called the parcel number
- The Illinois county where the property is located
- The name and address of whoever prepared the deed
- A mailing address for the recorded deed to be sent back to
- Your spouse's signature, if the property is your homestead
- A completed PTAX-203 form, or the correct exemption noted on the deed
- Recording fees, and any transfer tax that applies
How to Fill Out an Illinois Quitclaim Deed
Step 1: Find the Right County Office
Record your deed with the County Recorder (or County Clerk, in smaller counties) in the county where the property is located, not where you live.
Step 2: Add the Preparer and Return Address
Write down the name and address of whoever is preparing the deed, and the address where the recorded deed should be mailed back once it's done.
Step 3: Fill In the Grantor's Information
The grantor is the person giving up their ownership interest. Use their full legal name, matching the name on the current deed.
Step 4: Fill In the Grantee's Information
The grantee is the person receiving the property. Include their full legal name and mailing address, and decide how they'll hold title if there's more than one grantee.
Step 5: Add the Legal Description and PIN
Copy the complete legal description from the current deed, word for word — a street address alone won't work. Include the Property Index Number (PIN) too. If the property is in a large county like Cook County, the PIN needs to exactly match the legal description, or you'll need extra paperwork proving the connection.
Step 6: Use the Right Wording
Illinois expects specific language for a quitclaim deed: the deed should say the grantor "conveys and quit claims" the property, rather than "warrants," since a quitclaim deed makes no promises about the title being clear.
Step 7: Check Whether Your Spouse Needs to Sign
If the property is your homestead and you're married, both spouses generally need to sign the deed, even if only one name is on the current title. Deeds that transfer a homestead usually include a short statement waiving those homestead rights.
Step 8: Sign and Notarize the Deed
The grantor signs the deed in front of a notary public . Without this notarized signature, the county won't accept the deed for recording.
Illinois allows Remote Online Notarization (RON) , so you can sometimes handle this over a video call instead of an in-person visit.
Before you go that route, check with your county recorder to make sure they'll accept a remotely notarized deed. More on our Remote Online Notarization by State page.
Step 9: Fill Out the PTAX-203 Form
Complete Form PTAX-203, or write the correct exemption directly on the deed if your situation qualifies. Many counties let you file this electronically through the state's MyDec system before you record. For the full walkthrough, including which exemption applies to your situation, see our Illinois Transfer Declaration Forms page.
Step 10: Record the Deed
Bring (or mail) the signed, notarized deed and your PTAX-203 paperwork to the County Recorder, along with the recording fee and any transfer tax owed. Ask for a certified copy of the recorded deed for your own records.
Recording fees are usually around $12 for the first four pages plus $1 for each extra page, though some counties add their own surcharges on top, and Cook County's total is typically higher.
Will You Owe Transfer Tax?
For most of the situations that bring people to this page, the answer is: little or nothing.
Illinois exempts transfers between spouses from the transfer tax entirely. It also exempts any transfer where the amount paid is $100 or less, which covers the vast majority of family gifts, since these are usually done for a token amount like $1 or "love and affection" rather than a real sale price.
Giving property to a child is a little different from giving it to a spouse: it can still be exempt from Illinois's transfer tax if the amount paid is low enough, but it's worth knowing that a gift like this can trigger separate federal gift tax paperwork if the property is valuable, and it may affect capital gains taxes later if the child sells.
Even when no tax is owed, you'll still need to file the PTAX-203 form or note the exemption on the deed. For non-exempt transfers, the combined state and county tax rate is $0.75 for every $500 of value, and some cities, including Chicago, add their own separate transfer tax on top of that.
Illinois Signing and Recording Notes
- Illinois deeds are recorded with the County Recorder, or the County Clerk in smaller counties.
- The grantor's signature must be notarized.
- If the property is your homestead, your spouse generally must sign too.
- Almost every deed needs Form PTAX-203, even exempt gifts.
- Transfers between spouses, and transfers of $100 or less, are exempt from transfer tax.
- Use the exact legal description from your current deed, plus the PIN.
- A trustee giving property to a beneficiary needs a Trustee's Deed, not a quitclaim deed.
- Chicago and some other cities charge their own transfer tax on top of the state and county amounts.
- Recording as soon as possible protects your interest if the same property is ever conveyed twice.
- A quitclaim deed doesn't remove anyone's name from a mortgage — that requires a separate step.
Official Illinois Sources
Common Illinois Quitclaim Deed Mistakes
- Recording in the wrong county
- Using only the street address instead of the full legal description
- Leaving off the Property Index Number (PIN)
- Forgetting a spouse's signature on homestead property
- Skipping the PTAX-203 form, even on an exempt gift
- Trying to use a quitclaim deed when a trustee is distributing trust property
- Forgetting that the deed needs a notary's signature and seal
- Assuming a quitclaim deed removes someone from the mortgage
- Overlooking a city's own separate transfer tax
- Using unclear ownership wording when there is more than one grantee
How This Fits Into the Illinois Quitclaim Deed Process
An Illinois quitclaim deed is a solid choice for family gifts, adding or removing a spouse, moving property into your own trust, and divorce-related transfers.
The main things to get right are the legal description and PIN, the homestead signature question, notarization, and the PTAX-203 paperwork. Once those are in place, recording with the right county office finishes the job.
Illinois Quitclaim Deed FAQ
Where do I record an Illinois quitclaim deed?
Record it with the County Recorder in the Illinois county where the property is located. In counties with fewer than 60,000 people, the County Clerk handles this instead.
Does Illinois require a transfer declaration form?
Yes, almost always. Illinois requires Form PTAX-203 with nearly every deed, even a gift between family members. If your transfer is exempt from the tax itself, you still typically note the exemption or file the form marking it.
Will I owe transfer tax if I give property to a family member?
Often not. Transfers between spouses are exempt, and a transfer for $100 or less, which covers most family gifts, is also exempt from the state-level tax. Some cities charge their own separate transfer tax, so check local rules too.
Can a trustee use a quitclaim deed to give property to a beneficiary?
No. If a trustee is distributing real estate out of a trust, Illinois expects a Trustee's Deed instead of a quitclaim deed. A quitclaim deed works fine for placing your own property into a trust you control.
Is this legal advice?
No. This page provides general educational information and is not legal advice.