Basic Transfer on Death Instrument (TODI) Document Requirements

Pursuant to 755 ILCS 27/40, a TODI must include the following info:


  1. Name(s) of grantor(s) – the people who currently own the real estate;


  1. Name(s) of grantee(s) – the people who will be the beneficial owners once the grantor(s) dies;


  1. Description of the property to be conveyed (address, legal description, PIN number);


  1. The language conveying/transferring ownership upon the death of the grantor(s);


  1. Signature of the grantor(s);


  1. Signature and addresses of two witnesses;


  1. All names muse be notarized;


  1. The TODI must be recorded before the death of the grantor(s);


  1. Witnesses to the grantor(s) signature(s) cannot be either the notary or a beneficiary/grantee of the TODI;


  1. The TODI must be drafted by an attorney, although the owner of the real estate can draft their own TODI so long as the above are complied with;


  1. No mention of consideration for the TODI need be reference in the document;