Illinois Quitclaim Deed: Requirements, Recording and Transfer Tax

An Illinois quitclaim deed conveys whatever legal or equitable rights the grantor holds in a property at that moment, with no warranty of title, and the Conveyances Act sets out its substance in 765 ILCS 5/10. It must be in writing and signed by the grantor (765 ILCS 5/1), the grantor's signature must be acknowledged before a notary or another officer listed in 5/20 when the deed is to be recorded (5/35c), and it should be recorded with the recorder in the county where the land lies (5/28), because under 5/30 an unrecorded deed is void against later creditors and purchasers without notice. Most quitclaims also need an Illinois Real Estate Transfer Declaration (Form PTAX-203) or an exemption, since Illinois has no separate transfer tax exemption for gifts, spouses or trusts. For other states, see our guide to quitclaim deed rules by state.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Illinois law on quitclaim deeds: the Conveyances Act (765 ILCS 5/1, 5/10, 5/11, 5/20, 5/28, 5/30, 5/35c), the homestead estate rule in 735 ILCS 5/12-904, statewide recording requirements and fee floors (55 ILCS 5/3-5020, 3-5022, 3-5026, 3-5018.2, 4-12002.3), the state and county real estate transfer taxes (35 ILCS 200/31-10, 31-45; 55 ILCS 5/5-1031), Form PTAX-203, county property fraud alert systems and P.A. 104-382, and the transfer on death instrument (755 ILCS 27). Cook County requirements are given as county facts. It does not cover title insurance, mortgage lender requirements beyond the federal rules noted below, municipal transfer tax rates, other counties' fee schedules, federal income tax, or the law of other states.

What a quitclaim deed does in Illinois

Illinois recognizes the quitclaim deed by statute. Section 10 of the Conveyances Act says "Quitclaim deeds may be, in substance, in the following form," and the form it prints names the grantor and the grantor's place of residence, states the consideration, names the grantee, describes the real estate and its county, and uses the operative words "convey and quit claim to." Those are facts about the statute, not a template; the county recorder or a lawyer can provide a deed form, and recorders cannot give legal advice.

Section 10 also says what such a deed does. A deed in that form:

"shall be deemed and held a good and sufficient conveyance, release and quit claim to the grantee, his heirs and assigns, in fee of all the then existing legal or equitable rights of the grantor, in the premises therein described, but shall not extend to after acquired title unless words are added expressing such intention."

In plain terms, the grantee gets only what the grantor had when signing, and nothing the grantor acquires later unless the deed says so. The deed makes no promise that the grantor had good title at all, which is the core difference from a warranty deed; see our guide to quitclaim vs. warranty deeds. The statute says nothing about any mortgage on the property, which stays in place (see the mortgage section below).

Execution requirements for an Illinois quitclaim deed

Section 1 of the Conveyances Act makes a deed in writing, "not procured by duress, and signed by the party making the same, the maker or makers being of full age and sound mind," sufficient to convey. Section 20 lists who may take the acknowledgment, including a notary public, a county clerk and certain court officers in Illinois. Section 35c of the Conveyances Act requires the signatures of the parties making the conveyance on a deed that will be recorded to be acknowledged before a notary public or an officer listed in section 20, and the names of the signers to be typed or printed beside or below their signatures, although failing to do either does not invalidate the deed.

The Cook County Clerk's rule on paper reads: "The document shall be on white paper of not less than 20-pound weight and shall have a clean margin of at least one-half inch on the top, the bottom, and each side." Other county recorders publish their own requirements.

Does a spouse have to sign? The homestead rule

Illinois protects the homestead estate, and a spouse's signature can matter even when the spouse is not on title. Under 735 ILCS 5/12-904, a release, waiver or conveyance of the exempt homestead estate is not valid unless it is in writing and "signed by the individual and his or her spouse, if he or she have one," or possession is abandoned or given under the conveyance (the section adds a further limit where the exemption continues to a child). There is one exception that matters for many quitclaims: if an individual conveys to his or her spouse, the conveyance passes title "whether or not the grantor in such conveyance is joined therein by his or her spouse."

Since January 1, 2026 (P.A. 104-120), 735 ILCS 5/12-901 sets the homestead estate at $50,000 per individual. Where two or more individuals own the property, each owner's exemption may not exceed that owner's proportionate share of $100,000, based on percentage of ownership.

Section 11 of the Conveyances Act provides statutory wording that a grantor can add after the words "State of Illinois" in the deed to release and waive rights under the homestead exemption laws.

Where and how to record a quitclaim deed in Illinois

Section 28 of the Conveyances Act says deeds "shall be recorded in the county in which such real estate is situated." That is the county recorder of deeds or, in counties without a separate recorder, the county clerk acting as recorder; land registered under the Torrens system goes to the registrar of titles. To search what is already on record, see our guide to Illinois property records.

Illinois is a notice-type recording state. Section 30 provides that deeds:

"shall take effect and be in force from and after the time of filing the same for record, and not before, as to all creditors and subsequent purchasers, without notice; and all such deeds and title papers shall be adjudged void as to all such creditors and subsequent purchasers, without notice, until the same shall be filed for record."

That makes an unrecorded deed void only against creditors and later purchasers without notice, not between the people who signed it. Recording promptly is what protects the new owner.

In Cook County, the Clerk says "You can record your deed either in person or by mail," and also accepts e-recorded deeds. Other counties set their own submission options.

Recording fees

Illinois has no single statewide recording fee. Since P.A. 103-400 took effect January 1, 2024, the old per-page fee sections have been repealed and each county sets an all-inclusive fee schedule by county class, within statutory floors in 55 ILCS 5/3-5018.2 and, for third class counties, 4-12002.3. For first and second class counties, "The aggregate fee for recording deeds shall not be less than $31 (being a minimum $13 county fee plus $18 for the Rental Housing Support Program State surcharge)." For third class counties, 55 ILCS 5/4-12002.3 sets the floor for deeds at $39 (a minimum $21 county fee plus the $18 surcharge). The county sets the actual fee.

As a county example, the Cook County Clerk lists $107 to record a deed, or $19 less for filers not subject to the State Rental Housing Support Program fee. Check your own county recorder's fee page.

Since January 1, 2026 (P.A. 104-40), 765 ILCS 5/10 provides that "the recording of a quitclaim deed is exempt from all recording fees if executed for the sole purpose of reflecting a legal name change, and the grantor and grantee are the same individual or individuals."

Illinois real estate transfer tax and Form PTAX-203

The state tax

Under 35 ILCS 200/31-10, Illinois taxes the privilege of transferring title to real estate "at the rate of 50¢ for each $500 of value or fraction of $500 stated in the declaration required by Section 31-25." Value means the full actual consideration, including liens the buyer assumes; a mortgage stated to remain outstanding on the property is excluded. The county recorder collects the tax through revenue stamps. The Cook County Clerk lists the seller as the party liable for both the state and the Cook County transfer tax (county fact). Under 35 ILCS 200/31-15, "Paper revenue stamps shall be phased out by December 31, 2025," and stamps are electronic after that.

Exemptions that fit quitclaim situations

Section 31-45 lists the exempt transfers, paragraphs (a) through (m). There is no separate exemption for a gift, a transfer between spouses, a divorce transfer or a transfer into your own trust. Those transfers are exempt only if their facts fit one of the listed paragraphs. The ones most relevant to quitclaims:

Paragraph (e), "Deeds or trust documents where the actual consideration is less than $100," is the exemption that a no-money family quitclaim usually relies on, but whether it fits depends on the actual consideration in your transfer.

Form PTAX-203

The Illinois Real Estate Transfer Declaration, Form PTAX-203, goes with the deed. The Illinois Department of Revenue instructions say: "File Form PTAX-203 for all real estate transfers except those qualifying for exempt status under (a), (c), (d), (e), (f), (g), (h), (i), (j), or (l)." When a transfer is exempt from filing, the deed carries an exemption notation instead. At least one seller and one buyer (or their agents) sign the declaration, it asks about related-party transfers and homestead exemptions, and willfully falsifying it is a Class B misdemeanor.

In counties with 3,000,000 or more inhabitants, 55 ILCS 5/3-5020(b) bars the recorder from accepting a deed in a transaction exempt from filing the declaration unless it comes with a sworn or affirmed statement by the grantor (or agent) and one by the grantee (or agent) about the identity of the grantee named on the deed. Knowingly submitting a false statement about the grantee's identity is a Class C misdemeanor. The Cook County Clerk lists a "Statement grantor/grantee affidavit (exempt transfers and MyDec transfers)" among the items any deed, including a quitclaim, must have (county fact).

County and city transfer taxes

Counties may add their own tax under 55 ILCS 5/5-1031 "at the rate of 25 cents for each $500 of value or fraction thereof stated in the declaration required by Section 31-25 of the Property Tax Code," and deeds exempt under 31-45 are exempt from it too. Cook County imposes it; the Cook County Clerk lists the combined state and county tax as $0.75 per $500 (county fact).

Some municipalities, Chicago among them, impose their own transfer taxes with their own forms. Rates vary by city, so check with the municipality where the property sits.

Property taxes and homestead exemptions

The transfer declaration tells the assessor about the property's exemptions: 35 ILCS 200/31-25 requires it to show "any homestead exemptions, as provided in Sections 15-170, 15-172, 15-175, and 15-176 as reflected on the most recent annual tax bill." Whether a transfer by quitclaim triggers a reassessment in Illinois, and when a new owner must apply for a homeowner exemption, are questions for your county assessor. Ask your county assessor after the title changes.

Deed fraud protections in Illinois

Every county must run a property fraud alert system. Under 55 ILCS 5/3-5010.10, "Every county shall establish and maintain a property fraud alert system," which notifies a registered owner by email, phone or mail when a document is recorded against the property. Registration is voluntary.

P.A. 104-382, effective January 1, 2026, made two more changes:

• A required fraud referral and review process. It amended 55 ILCS 5/3-5010.5 so that "Every recorder shall establish a fraud referral and review process" to review deeds and instruments. A recorder may refer a deed it reasonably believes may be fraudulent to an administrative law judge for review, and "Prior to referral, the recorder shall notify the last owner of record of the document or documents suspected to be fraudulent."
• A private right of action. New 55 ILCS 5/3-5010.11 provides that "Any person who knowingly files or causes to be filed a deed or instrument that is recorded in the grantor's index or the grantee's index that is fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property may be held liable to the rightful property owner affected."

In Cook County, the Clerk says: "If you suspect that someone fraudulently recorded a document against your property, please report the matter to the Property Fraud Unit." The FBI's Internet Crime Complaint Center, in a June 2026 alert, likewise advises checking whether your county offers a service that sends an email or text when a document is recorded in your name.

Transfer on death instrument: an alternative for passing property at death

If the goal is to pass a home at death rather than now, Illinois offers the transfer on death instrument under the Real Property Transfer on Death Instrument Act, 755 ILCS 27, as reworked by P.A. 102-68 (effective January 1, 2022). Its execution rules are stricter than a quitclaim's: the instrument must be signed, attested by two or more credible witnesses, acknowledged before a notary, and state that the transfer happens at the owner's death. It also "must be recorded before the owner's death in the public records in the office of the recorder of the county or counties in which any part of the real property is located." The owner can revoke it, and an agent under a power of attorney cannot create or revoke one. Cook County lists a $59 fee to record one (county fact). For property that passes through an estate instead, see our guide to Illinois probate.

Mortgages and quitclaim deeds

The Conveyances Act sections cited here say nothing about the loan, so this section rests on federal regulations. A deed does not remove anyone from a mortgage; only the lender can release a borrower. Under 12 CFR 191.5(b)(4), if, before the transfer, the lender and the new owner agree in writing that the new owner will be obligated on the loan, then on that agreement "a lender shall release the existing borrower from all obligations under the loan instruments."

Federal law limits when a lender can call a home loan due because of a transfer. Under 12 U.S.C. 1701j-3(d), for a loan on residential property with fewer than five dwelling units, a lender may not use a due-on-sale clause for certain transfers, including a transfer where the borrower's spouse or children become an owner, and a transfer on the death of a joint tenant or tenant by the entirety. The federal regulation, 12 CFR 191.5(b), applies these limits to a loan on a home occupied or to be occupied by the borrower, and covers:

• a transfer where the spouse or children become an owner, or a transfer from a divorce decree, legal separation agreement or property settlement by which the spouse becomes an owner, where the person taking title occupies or will occupy the property (12 CFR 191.5(b)(1)(v));
• a transfer into a living (inter vivos) trust in which the borrower is and remains the beneficiary and occupant, unless the borrower refuses to give the lender reasonable means of notice of later transfers (12 CFR 191.5(b)(1)(vi)).

These limits are conditional, and a lender keeps the right to enforce the clause if a later event disqualifies the transfer (12 CFR 191.5(b)(5)). Transfers outside the listed categories, such as to a sibling or friend, are not covered. Talk to the lender before signing. Federal servicing rules also recognize a "successor in interest," such as a spouse or child who receives an ownership interest from a borrower (12 CFR 1024.31). If the transfer is part of a divorce, see our guide to Illinois divorce laws.

Federal gift tax on a quitclaim to a family member

Giving property away by quitclaim can be a gift for federal tax purposes. The IRS says the gift tax "applies to the transfer by gift of any type of property," and that you make a gift if you give property "without expecting to receive something of at least equal value in return." For 2026, "the annual exclusion for gifts remains at $19,000" per recipient. The IRS lists gifts to your spouse among gifts that are not taxable, though for a spouse who is not a U.S. citizen the 2026 annual exclusion is $194,000. The IRS also says the donor is generally responsible for any gift tax, and says the recipient's basis in gifted property is generally the same as the donor's. Ask a tax professional how these rules apply to your transfer.

Common myths about Illinois quitclaim deeds

"A gift deed is automatically exempt." Illinois has no exemption labeled for gifts. A deed is exempt from the tax under 35 ILCS 200/31-45(e), and from filing the PTAX-203, only when the actual consideration is less than $100, and it then needs an exemption notation on the original deed. The value of a transfer includes any lien on the property that the new owner assumes (35 ILCS 200/31-5).

"An unrecorded deed is void." Under 765 ILCS 5/30, it is void only as to creditors and later purchasers without notice, but that is the protection that matters most, so record promptly.

"A quitclaim takes me off the mortgage." It does not. The deed conveys only the grantor's interest in the property (5/10), and only the lender can release a borrower, for example under a written assumption agreement made before the transfer (12 CFR 191.5(b)(4)).

Related

• Quitclaim deed rules by state
• Illinois property records
• Quitclaim vs. warranty deeds
• Illinois divorce laws
• Illinois probate

This article provides general legal information about Illinois law on quitclaim deeds, verified on 2026-10-08. It is not legal or tax advice. For your situation, contact your county recorder (who cannot give legal advice), a legal aid office, or a lawyer licensed in Illinois.

Last updated: 2026-10-08.

Frequently Asked Questions

How do I file a quitclaim deed in Illinois?

Have the grantor sign the deed (765 ILCS 5/1) and acknowledge it before a notary (5/20, 5/35c), complete Form PTAX-203 unless the transfer is exempt from filing, and record the deed with the recorder in the county where the property is located (5/28). The county collects any transfer tax when you record.

Does a quitclaim deed need to be notarized in Illinois?

Yes, for a deed that will be recorded. Section 35c of the Conveyances Act requires the signatures of the parties making the conveyance to be acknowledged before a notary public or another officer listed in section 20, though failing to do so does not invalidate the deed. Section 5/1 itself requires only a signed writing by a grantor of full age and sound mind.

Does an Illinois quitclaim deed need witnesses?

Neither the statutory quitclaim form in 765 ILCS 5/10 nor section 5/1 calls for witnesses. A transfer on death instrument is different and needs two or more credible witnesses.

How much does it cost to record a quitclaim deed in Illinois?

Each county sets its own all-inclusive fee above the statutory floors: $31 in first and second class counties (55 ILCS 5/3-5018.2) and $39 in third class counties (55 ILCS 5/4-12002.3). Cook County lists $107 for a deed, and a quitclaim recorded only to reflect a legal name change is fee-exempt since January 1, 2026.

Do you pay transfer tax on a quitclaim deed in Illinois?

The state tax is 50 cents per $500 of value under 35 ILCS 200/31-10, and counties such as Cook add 25 cents per $500. A deed with actual consideration under $100 is exempt under 31-45(e), and a corrective deed without additional consideration is exempt under 31-45(d).

Is a quitclaim deed to my spouse or child exempt from Illinois transfer tax?

Not as such. Section 31-45 has no gift, spouse, divorce or trust exemption, so the transfer is exempt only if it fits a listed paragraph, most often (e) for actual consideration under $100.

Does my spouse have to sign a quitclaim deed in Illinois?

If the deed conveys the homestead estate, 735 ILCS 5/12-904 generally requires the spouse's signature too. A conveyance to your own spouse passes title whether or not the spouse joins.

Does a quitclaim deed remove me from the mortgage?

No. A deed changes ownership, not the loan; only the lender can release a borrower, for example when, before the transfer, the lender and the new owner agree in writing that the new owner will be obligated on the loan (12 CFR 191.5(b)(4)).