Leave Your Home to Your Family — Without Probate Court
A Transfer on Death Instrument lets Illinois homeowners name who gets the house after they're gone, without putting their family through the probate process to get it.
If you own real estate in Cook County, the South Suburbs, or anywhere in Chicagoland, a TODI may be one of the most practical estate planning tools available to you — and one of the most commonly done wrong.
What Is a Transfer on Death Instrument in Illinois?
A Transfer on Death Instrument, or TODI, is a legal document that allows you to name one or more beneficiaries to receive your real property after your death. It functions similarly to a deed but does not transfer ownership during your lifetime. You keep full control of your home — the right to sell it, refinance it, rent it, or live in it — right up until you pass away.
At that point, your named beneficiaries can claim the property directly, without going through probate for that asset. For families trying to avoid court delays when a parent dies and leaves behind a home, a TODI can make an already difficult time considerably less complicated.
Illinois law governing TODIs is found in the Illinois Residential Real Property Transfer on Death Instrument Act, which took effect in 2012. Since then, it has become a widely used tool for real estate estate planning across Cook County and the surrounding suburbs.
How a TODI Works — and When It Takes Effect
The TODI has no effect during your lifetime. You remain the owner. You can still sell the property, take out a mortgage, or change your mind entirely. The document only activates at death.
After you pass away, your named beneficiaries must take steps to formally claim the property — typically by recording an affidavit of survivorship along with a certified copy of the death certificate in the county where the property is located. The property does not transfer automatically without those steps, which is one reason having an attorney involved from the start makes the process cleaner for your family.
If a named beneficiary predeceases you and you have not updated the TODI, that share of the property may fall into your estate and require probate — exactly the outcome a TODI is meant to prevent. Keeping the document current matters.
Illinois Requirements: What Makes a TODI Valid
Key Legal Requirements
A Transfer on Death Instrument in Illinois must meet specific legal requirements to be enforceable. Missing even one can leave your family with the court process you were trying to avoid.
- The property must be identified by its correct legal description — not just the street address
- At least one beneficiary must be clearly named
- The document must be signed by the owner in the presence of two witnesses and a notary public
- It must be recorded with the county recorder's office before the owner's death — an unrecorded TODI has no legal effect
How Does a TODI Compare to a Will, Trust, or Joint Ownership?
A TODI is a targeted tool — it handles real estate only. It does not cover bank accounts, personal property, or investments.
- Will: Can direct who receives your home, but the property still passes through probate. A TODI bypasses probate for that specific asset.
- Revocable Living Trust: Also avoids probate and offers more flexibility for complex situations or multiple properties, but costs more to set up.
- TODI: Simpler and less expensive — best suited for straightforward situations with one property and a clear beneficiary.
Who Should Consider a TODI in Illinois?
A Transfer on Death Instrument is worth discussing if you:
- Own a home in the South Suburbs and want to keep it out of probate
- Want to leave your home to children or family with minimal court involvement
- Are helping an aging parent whose home is a primary asset
- Have a straightforward situation — one property, a clear beneficiary
Why Errors in a TODI Can Cost Your Family More Than the Document Was Worth
The forms exist online — but a TODI that is improperly executed or never recorded is legally worthless. Common mistakes include using the street address instead of the legal description, having the wrong number of witnesses, naming a witness who is also a beneficiary, or simply never filing it with the recorder's office. Any one of these errors can send the property into probate anyway. Working with an Illinois attorney ensures the document is done right the first time.
Frequently Asked Questions About Transfer on Death Instruments in Illinois
- Do I still own my home after signing a TODI? Yes. A TODI has no effect during your lifetime. You keep full ownership and can sell, refinance, or revoke the document at any time before your death.
- Does a TODI avoid probate? Yes — for that specific property. If your beneficiaries follow the correct steps after your passing, the home transfers outside of probate court entirely.
- Can I name more than one beneficiary? Yes. You can name multiple beneficiaries and specify how ownership is divided among them. An attorney can help you structure this clearly to avoid disputes later.
Talk Through Your Options With a South Suburbs Estate Planning Attorney
If you own a home and haven't made a plan for what happens to it, a TODI may be exactly what your family needs — or it may be one piece of a larger conversation. Either way, the right place to start is with someone who can give you a straight answer.
The Law Office of Lisa L. Glenn, LLC serves homeowners and families across Matteson, Cook County, and the Chicago South Suburbs. We explain your options in plain language and make sure the paperwork is done right.