Deed Transferring Real Property into Living Trust - Illinois

This instrument prepared by:
[____________________________________]
[____________________________________]

Mail recorded deed to:
[____________________________________]
[____________________________________]
[____________________________________]

Mail future tax bills to:
[TRUSTEE NAME], as Trustee
[____________________________________]
[____________________________________]

Permanent Index Number (PIN): [____________]

Property Address: [____________________________________]

SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE

Preparation check: Reserve a blank 3½ × 3½ inch space for the recorder on the final first page. Confirm any additional county cover-sheet, PIN, and address requirements before recording.

WARRANTY / QUITCLAIM DEED — TO REVOCABLE LIVING TRUST

State of Illinois

EXEMPT-TRANSFER DECLARATION (on the face of the deed)

EXEMPT under the Real Estate Transfer Tax Law — 35 ILCS 200/31-45(e), because the actual consideration stated in Section 3 is less than $100. Use this declaration only if that statement is true for this transfer.

Date: [__/__/____]    Signature of Grantor / Grantor's Representative: ____________________________________

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [an unmarried person / a married person / married persons], of [____________] County, Illinois, whose mailing address is [____________________________________] ("Grantor").

2. GRANTEE / VESTING IN TRUSTEE

[TRUSTEE FULL LEGAL NAME], as Trustee of the [TRUST NAME] dated [__/__/____], whose mailing address is [____________________________________] ("Grantee" or the "Trustee").

The Property is conveyed to the Trustee to be held, administered, and distributed according to the terms of the [TRUST NAME] dated [__/__/____] (the "Trust"). The Trustee holds title in that capacity, subject to the Trust instrument and the Illinois Trust Code. Any later successor trustee must establish authority under the Trust and applicable law before acting with respect to title.

3. CONSIDERATION

This conveyance is made for estate-planning purposes. The Grantor represents that the Grantor is the settlor and a beneficiary of the Trust during the Grantor's lifetime. The actual consideration for this transfer, including any value received, is less than $100: $[__________].

4. GRANTING CLAUSE

The Grantor, for and in consideration of the sum stated above, the receipt and sufficiency of which are acknowledged, does hereby CONVEY AND WARRANT [/ CONVEY AND QUITCLAIM] unto the Grantee, as Trustee as aforesaid, and to the Grantee's successors in trust and assigns, all of the Grantor's right, title, and interest in and to the following described real property (the "Property") situated in the County of [____________], State of Illinois:

Property commonly known as: [STREET ADDRESS, CITY, ILLINOIS, ZIP]

Permanent Index Number (PIN): [____________]

Legal Description: See Exhibit A attached hereto and incorporated by reference.

TO HAVE AND TO HOLD the Property, together with all improvements, rights, easements, and appurtenances belonging to it, unto the Grantee, as Trustee, and the Grantee's successors in trust and assigns forever.

The Trustee, and any successor trustee, is granted full power and authority to protect, conserve, sell, lease, encumber, and otherwise manage and dispose of the Property as provided in the Trust instrument and the Illinois Trust Code.

5. SUBJECT TO

This conveyance is made subject to:

(a) General real estate taxes for the current and subsequent years, not yet due and payable;
(b) Easements, covenants, conditions, restrictions, reservations, and rights-of-way of record;
(c) Applicable zoning, subdivision, building, land-use, and environmental laws and ordinances; and
(d) Any mortgage or other lien of record, which the Trustee takes subject to but does not assume except as separately agreed in writing.

6. PURPOSE; HOMEOWNER EXEMPTION CONTINUITY; TITLE INSURANCE

6.1 Estate-planning purpose. This conveyance funds the Grantor's living trust so that the Trustee may administer the Property under the Trust during the Grantor's lifetime and after death. The Grantor represents that the Trust expressly permits the Grantor to revoke it and to amend it, subject to its terms and 760 ILCS 3/602. On revocation, the Trustee must deliver trust property to the Grantor or as the Grantor directs under § 602(d).

6.2 Homeowner / homestead exemptions. The Grantor should confirm with the county Assessor / Chief County Assessment Officer whether the Property continues to qualify for each claimed exemption after this conveyance. The general homestead exemption under 35 ILCS 200/15-175(f) turns on qualifying ownership or equitable interest, principal-residence occupancy, and property-tax liability; other exemptions have separate conditions. File or update any application the assessor requires.

6.3 Title insurance. Re-titling into a trust can affect an existing owner's title insurance policy. The Grantor should request an endorsement naming the Trustee as an insured, or confirm coverage continuity, with the title insurer before recording.

7. TRANSFER-TAX EXEMPTION AND GARN-ST GERMAIN RECITALS

7.1 Illinois real estate transfer tax exemption (35 ILCS 200/31-45(e)). The Illinois Real Estate Transfer Tax Law imposes a state tax of $0.50 per $500 of value or fraction of $500 (35 ILCS 200/31-10). A county board may impose an additional county tax of $0.25 per $500 or fraction under 55 ILCS 5/5-1031; that section incorporates the exemptions in 35 ILCS 200/31-45. If the actual consideration for this conveyance is less than $100 as represented in Section 3, the deed falls within § 31-45(e). The current Illinois Department of Revenue PTAX-203 instructions permit the exemption notation on the original deed in place of a PTAX-203 declaration for that exemption.

7.2 Municipal transfer taxes. Confirm whether the municipality where the Property lies imposes a separate transfer tax or requires an exemption stamp or letter, and complete any applicable local step before presenting the deed for recording.

7.3 County process. Confirm the recorder's current procedure for exempt transfers, including any electronic entry.

7.4 Limited due-on-sale protection (Garn-St Germain Act). If the Property is residential real property containing fewer than five dwelling units and secures a real property loan, 12 U.S.C. § 1701j-3(d)(8) bars the lender from exercising a due-on-sale clause for a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and that does not transfer occupancy rights. Confirm every element before relying on the exemption. This deed does not release any borrower from an existing note.

8. EXECUTION

Confirm every record owner signs. If the Property is the Grantor's homestead and the Grantor is married, have the spouse join in the conveyance as required by 735 ILCS 5/12-904 unless a statutory exception applies. The spouse's signature below is for that purpose when the spouse is not otherwise a Grantor.

IN WITNESS WHEREOF, the Grantor has executed this Deed on [__/__/____].

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE / CO-GRANTOR FULL LEGAL NAME] (if applicable; state capacity: [________________])

9. NOTARY ACKNOWLEDGMENT (Illinois — Individual)

I, the undersigned Notary Public, certify that [GRANTOR FULL LEGAL NAME] [and [SPOUSE / CO-GRANTOR FULL LEGAL NAME]], personally known to me or identified by satisfactory evidence, appeared before me and acknowledged signing this instrument voluntarily for its stated purposes.

Given under my hand and official seal this ____ day of ______________, 20____.

____________________________________
Notary Public
Printed name: [________________________________]
My commission expires: ______________

(Affix notarial seal / stamp)

10. RECORDING AND TRANSFER-TAX INSTRUCTIONS

1. Where to record. Record the signed and acknowledged deed in the office of the Recorder of [____________] County, Illinois — the county in which the Property is located (765 ILCS 5/28). Confirm the recorder's current document-submission procedure.
2. State / county transfer tax. State the exemption on the face of the deed (35 ILCS 200/31-45(e)). When (e) applies, no PTAX-203 declaration is required; confirm the recorder's exempt-stamp wording and any MyDec entry.
3. Municipal transfer tax. Obtain any required municipal transfer-tax stamp or exemption letter before recording.
4. Format / identifiers. Print each signer's and notary's name below the signature, obtain the acknowledgment, and endorse the name and address for future tax bills as stated in 765 ILCS 5/35c. For a metes-and-bounds description, confirm that section's additional description elements. Include the PIN and preparer/grantee contact fields shown above, and check the county's current recording requirements.
5. Recording fees. Pay the county recorder's per-document recording fee and any rental-housing-support or other statutory surcharge.
6. Update collateral records. After recording, (a) obtain written instructions from the property/casualty insurer on how the owner, Trustee, Trust, and lender should appear on the policy; (b) confirm homestead exemptions with the county Assessor; (c) provide a recorded copy and a Certification of Trust to the title company; and (d) record before, not after, any closing on a sale or refinance.

EXHIBIT A — LEGAL DESCRIPTION

[INSERT THE COMPLETE LEGAL DESCRIPTION EXACTLY AS IT APPEARS ON THE GRANTOR'S CURRENT VESTING DEED — lot/block/subdivision with reference to the recorded plat (document number, book/page), metes-and-bounds, or condominium unit with reference to the recorded declaration. Include the PIN. Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• 765 ILCS 5/9, 5/10 — statutory warranty and quitclaim deed forms; words of conveyance.
• 765 ILCS 5/28 — recording of deeds in the county where the real estate is situated.
• 765 ILCS 5/35c — printed signer and acknowledgment names, acknowledgment, tax-bill address, and metes-and-bounds description elements.
• 35 ILCS 200/Art. 31 (Real Estate Transfer Tax Law) — § 31-10 (state tax of $0.50 per $500 or fraction); § 31-45 (exemptions); § 31-45(e) (actual consideration less than $100).
• 55 ILCS 5/5-1031 — county board authority to impose $0.25 per $500 or fraction; incorporation of § 31-45 exemptions.
• 35 ILCS 200/31-25 — Illinois Real Estate Transfer Declaration, subject to statutory exemptions.
• PTAX-203 Instructions (Illinois Department of Revenue) — declaration not required when an exemption under (a),(c),(d),(e),(f),(g),(h),(i),(j),(l) applies; exempt notation placed on the face of the deed.
• 760 ILCS 3/401, 602, 815, 1013 — trust creation, revocation, trustee powers, and certification.
• 12 U.S.C. § 1701j-3(d)(8) — qualifying residential inter vivos trust transfer

This document is provided for informational purposes only and does not constitute legal advice. Confirm that the actual consideration qualifies before stating a 35 ILCS 200/31-45(e) exemption on the deed, and confirm any local transfer-tax requirement before recording; consult a licensed Illinois attorney before executing or recording this deed.