Illinois Quitclaim Deed

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What Is an Illinois Quitclaim Deed?

An Illinois quitclaim deed is a legal document used to transfer whatever ownership interest a person (the grantor) currently holds in a property to another party (the grantee), without providing any guarantees about the title's history. It makes no promises that the property is free of liens, mortgages, or other encumbrances. The grantee accepts the property entirely "as is" regarding the title status.

When to Use a Quitclaim Deed in Illinois

  • Transferring property between close family members, such as from parents to children.
  • Adding or removing a spouse's name from the property title following marriage or divorce.
  • Moving personal real estate into a living trust or a closely held LLC.
  • Clearing up a minor title defect or ambiguity discovered in the public records.

Illinois Requirements for Quitclaim Deeds

  • Signing: The grantor(s) must sign the deed.
  • Notarization: The grantor's signature must be acknowledged by a notary public.
  • Witnesses: 0 witnesses are required by Illinois law.
  • Recording: The deed must be filed with the County Recorder in the county or jurisdiction where the land is located.
  • Transfer Tax / Recording Fees: State ($0.50/$500) + county ($0.25/$500) + city (Chicago $3.75/$500). Real property transfer declaration required.
  • Legal Description: A complete and accurate legal description of the property is mandatory.

Quitclaim Deed vs Other Deeds in Illinois

The primary difference is the level of title protection. An Illinois warranty deed or grant deed includes promises from the seller that the title is clear and defendable. A quitclaim deed provides zero warranties, leaving the new owner responsible for any historical title issues.

Frequently Asked Questions

Do I need a real estate transfer declaration for an Illinois quitclaim deed?

Yes. Illinois requires a Real Property Transfer Declaration (Form PTAX-203) to be filed with every deed transfer, including quitclaim deeds. This form discloses the property details, sale price, and relationship between the parties. The county recorder will not accept the deed without this completed declaration. For transfers with no consideration (such as between family members), specific exemption codes are available on the form.

What transfer taxes apply to an Illinois quitclaim deed in Chicago?

Chicago has the highest combined transfer tax rates in Illinois. The state charges $0.50 per $500, Cook County adds $0.25 per $500, and the City of Chicago adds $3.75 per $500 — totaling $4.50 per $500 of consideration (0.9%). Outside Chicago, rates are lower: state $0.50 per $500 plus county $0.25 per $500 (0.15% combined). The seller customarily pays the state and county tax in Illinois.

Where do I record an Illinois quitclaim deed?

You must take the original, notarized deed to the County Recorder in the jurisdiction where the property is physically located and pay the required recording fee.

Does a quitclaim deed transfer my mortgage in Illinois?

No, a deed only transfers the property title. It does not eliminate your financial obligation to pay an existing mortgage. You remain responsible for the loan unless the lender explicitly agrees to a refinance or assumption.

Are there transfer taxes on an Illinois quitclaim deed?

State ($0.50/$500) + county ($0.25/$500) + city (Chicago $3.75/$500). Additional local recording fees also apply when filing the deed.

Can I write my own quitclaim deed in Illinois?

Yes, you can draft your own deed as long as it strictly adheres to Illinois's legal requirements for formatting, legal description, and notarization.