A house or land without probate in Illinois

An owner can sign a transfer on death instrument so Illinois real estate passes to a named beneficiary at death without probate. It must have the elements of a recordable deed, say the transfer happens at the owner's death, be signed, witnessed and acknowledged as the Act requires, and be recorded with the county recorder before the owner dies, or it is void.

Checked against official sources: October 30, 2026.

Transfer-on-death (TOD) and payable-on-death (POD) in Illinois

Real estate (TOD deed)

Yes · Transfer on death instrument (TODI)

An owner can sign a transfer on death instrument so Illinois real estate passes to a named beneficiary at death without probate. It must have the elements of a recordable deed, say the transfer happens at the owner's death, be signed, witnessed and acknowledged as the Act requires, and be recorded with the county recorder before the owner dies, or it is void.

Law: 755 ILCS 27/1, 27/40 (Real Property Transfer on Death Instrument Act)

Source: Official page

Does real estate count toward the small estate limit?

Kind of propertyHow it is treatedDetails
Real estate in Illinois
Left out

Real estate is not counted toward the limit, but the affidavit cannot be used to transfer it.

Law: 755 ILCS 5/25-1(a-5)

Main home (primary residence)
Left out

The person's home is real estate: it is not counted, and the affidavit cannot transfer it.

Law: 755 ILCS 5/25-1(a-5)

Surviving spouse in Illinois

A surviving spouse of an Illinois resident is entitled to a spouse's award of at least $20,000, plus at least $10,000 for each minor child who lived with the spouse (and at least $5,000 for each qualifying dependent adult child). In a small estate affidavit the award is listed and paid as a Class 2 debt before heirs receive anything. A spouse can transfer the person's vehicle by applying to the Secretary of State within 180 days.

Who inherits with no will in Illinois

If there is no will and there is a spouse and children (or other descendants), the spouse gets half and the descendants share half. With no spouse, the descendants get everything; with a spouse and no descendants, the spouse gets everything. If there is neither, the estate goes to parents, brothers and sisters (a surviving parent gets a double share if the other parent has died), then to grandparents and their descendants, then to great-grandparents and their descendants, then to the nearest relatives.

Law: 755 ILCS 5/2-1

Source: Official page

Related pages

Free help in Illinois

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.