Quit Claim Deeds in Illinois

Deeds provide documentation of property transfers and sales. The type of transfer determines the specific kind of deed that should be used. Quit claim deeds are generally used to add or remove an individual from the property title. Each state mandates specific recording requirements for deeds and other real estate documents. Some states, such as Illinois require additional forms to be submitted when recording a deed.
Document Standards

Illinois requires that quit claim deeds be printed on paper measuring 8 1/2 by 11 inches. The first page of the deed must also contain a 3-by-5-inch area of white space where the recording information will be stamped. The name and address of the person who prepared the document needs to be listed. Additionally, quit claim deeds should include the name and address of the person who will receive the property tax bill.
Signatures

All signatures on quit claim deeds must be original. Counties in Illinois will not accept a photocopy of a signature. The signatures on the deed must also be witnessed by a notary public. The notary should complete an acknowledgement section on the deed and stamp it with his seal.
Forms

Illinois imposes a state tax on property transfers. This tax is based off of the consideration listed on the deed. If a quit claim deed lists a consideration, the transfer tax must be calculated and disclosed on a P-TAX 203 form. This form is standard throughout the state of Illinois. This form must be signed by the sellers and buyers, or their agents. In addition to the P-TAX form, the quit claim deed may also require a county or town form.
Tax Stamps

Certain towns and villages throughout Illinois require deeds to be stamped before the document can be recorded at the county level. These stamps are available for a fee with the clerk's office. The fee is typically based on the consideration on the deed as well. Oftentimes, quit claim deeds will list a nominal value, such as $1 or $10, as a consideration because the deed is only adding or removing someone to the title of the property. An actual sale of the property is not taking place. This situation often qualifies for an exemption from paying the transfer taxes and stamps. The exemption information will need to be disclosed in the proper area on any forms.
Considerations

Before a quit claim deed is executed, the county recorder's office should be contacted to determine whether the transfer will be exempt from transfer stamps. The terms of the sale can be explained to the clerk and she should be able to assist with exemption issues. Also, check with the town or village where the property is located to verify if they have any special requirements.


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