The Transfer on Death Instrument Acceptance Deed & Notice of Death Affidavit is a two-page courtesy form published by the Cook County Clerk. It is one of the Cook County deed and affidavit forms that the Clerk lists under Instruments/Affidavits, and it lets the beneficiaries named in a recorded Transfer on Death Instrument (TODI) swear to the owner's death and accept the transfer of residential real estate. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the form itself is published by the Clerk at cookcountyclerkil.gov.
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What is Transfer on Death Instrument Acceptance Deed & Notice of Death Affidavit – Cook County, IL?
The Transfer on Death Instrument Acceptance Deed & Notice of Death Affidavit is a courtesy form from the Cook County Clerk on which the beneficiaries of a recorded Transfer on Death Instrument (TODI) state under oath that the owner has died and accept the transfer of the property.
The form is headed "Notice of Death Affidavit & Acceptance of Transfer on Death Instrument (TODI) Deed" and cites 755 ILCS 27/75, Sec. 75, Notice of death affidavit. Page 1 records the facts of the transfer: the deceased owner's name and date of death, the Illinois county where the owner resided, the Property Identification Number, the legal description, the common address, and the date and document number of the TODI the owner recorded. It also lists each beneficiary with an address and share of the property.
Page 2 carries the acceptance. The beneficiaries state the day, month and year on which they accept the transfer of residential real estate under the TODI, print and sign their names, and a Notary Public completes a certificate confirming that they appeared in person and swore to the affidavit.
The form states in a special notice that it is a non-mandatory courtesy form and is not legal advice. The Clerk's forms page adds that its forms are provided as a convenience and that you are responsible for determining the correct instruments and forms for your transaction.
Who needs to file Transfer on Death Instrument Acceptance Deed & Notice of Death Affidavit – Cook County, IL?
The form is for the beneficiary or beneficiaries named in a Transfer on Death Instrument (TODI) that the property owner recorded before dying, when they want to give notice of the death and accept the transfer of the residential real estate. The form lists up to three rows of signature pairs per page layout, with room for several beneficiaries to print their names and sign, each with an address and share on page 1.
Conditions printed on the form:
- The deceased owner must have recorded a TODI; the form asks for its recording date and Document Number.
- Every beneficiary who signs must appear in person before the Notary Public and swear to the affidavit.
- The notary certificate must list the names of all beneficiaries who appeared.
The form calls itself a non-mandatory courtesy form and not legal advice, and the Clerk says it is your responsibility to decide which instruments and forms fit your transaction. If you are unsure whether it fits your situation, ask the Clerk or an attorney.
When to file Transfer on Death Instrument Acceptance Deed & Notice of Death Affidavit – Cook County, IL
The triggering event is the death of the owner who recorded a Transfer on Death Instrument (TODI): the form is completed after that death, when the beneficiaries accept the transfer. The acceptance date is written on page 2 as a day, month and year, and the notary dates the sworn statement separately. The form prints no due date or filing window of its own, and it cites 755 ILCS 27/75, Sec. 75, Notice of death affidavit, as its basis. For any timing rule that applies to your property, check that section or ask the Cook County Clerk or an attorney.
Documents you need
- An exhibit with the legal description, attached only if the space on the form is not enough; the form says to attach an exhibit if more room is needed.
How to fill out Transfer on Death Instrument Acceptance Deed & Notice of Death Affidavit – Cook County, IL
Read the courtesy form notice
Review the special notice at the top: the form is non-mandatory, is not legal advice, and cites 755 ILCS 27/75, Sec. 75, Notice of death affidavit.
Fill the preparer and tax bill boxes
Enter who prepared the document in DOCUMENT PREPARED BY and the name and address for MAIL SUBSEQUENT TAX BILLS TO at the top of page 1.
Enter the deceased owner details
In the affidavit sentence, enter the owner's name, the date of death and the Illinois county where the owner resided at death.
Describe the property
Enter the Property Identification Number, the legal description (attach an exhibit if more room is needed) and the common address.
Identify the recorded TODI
Enter the date the owner recorded the Transfer on Death Instrument and its Document Number.
List each beneficiary and share
Under NAME, ADDRESS and SHARE, list every beneficiary named in the TODI with the stated percentage or share of the property.
Enter the acceptance date
On page 2, enter the day, month and year in the "In witness whereof" sentence in which the beneficiaries accept the transfer.
Print and sign beneficiary names
Each beneficiary prints their name and signs in the Beneficiary Name & Signature Section, in front of the notary.
Complete the notary section
Enter the county, list the names of all beneficiaries who appeared personally, and have the notary enter the sworn date, sign, print their name and affix the stamp.
Review, download and print the PDF
Check names, numbers and dates against the recorded TODI, then download or print the completed PDF from FillingPDF and take it to the notary and the Clerk as described under How to submit.
How to submit Transfer on Death Instrument Acceptance Deed & Notice of Death Affidavit – Cook County, IL
The form prints no mailing address, portal or appointment rule. The Cook County Clerk publishes it among the forms for recording, under Instruments/Affidavits, at https://www.cookcountyclerkil.gov/recordings/forms-recording. The Clerk's disclaimer there says the forms are a convenience, that you must determine the correct instruments and forms for your transaction, and that the Clerk is not responsible for printing discrepancies affecting margins, readability or recordability. Because of that, print the completed form cleanly and have the notary section signed and stamped before you present it, and confirm the recording procedure with the Clerk's Recordings office. FillingPDF lets you fill out and download the PDF; submission follows the Clerk's channels.
Common mistakes to avoid
- Leaving out the Property Identification Number, legal description or common address of the property on page 1.
- Entering the wrong recording date or Document Number for the Transfer on Death Instrument (TODI) the deceased owner recorded.
- Naming beneficiaries without the address and share of the property that the form asks for next to each name.
- Signing the beneficiary section without appearing in person before the Notary Public, when the notary certificate states the beneficiaries appeared and swore on oath.
- Listing fewer names in the notary certificate than the beneficiaries who appeared; it asks for the names of ALL of them.
- Submitting without the notary's signature, printed name and stamp in the Notary Public section.
- Writing a long legal description in the small space instead of attaching an exhibit.
- Treating the courtesy form as legal advice or as the right instrument for every situation; the form and the Clerk's page both say otherwise.
Frequently asked questions
What is the Transfer on Death Instrument Acceptance Deed & Notice of Death Affidavit?
It is a Cook County Clerk courtesy form on which beneficiaries of a recorded Transfer on Death Instrument (TODI) swear that the owner died and accept the transfer of the residential real estate. It cites 755 ILCS 27/75, Sec. 75, Notice of death affidavit.
Is there a Cook County deed form for accepting a Transfer on Death Instrument?
Yes. The Cook County Clerk publishes this combined acceptance deed and notice of death affidavit among its recording forms under Instruments/Affidavits. It is described as a non-mandatory courtesy form, so confirm it fits your transaction.
Do I have to use this form?
No. The form says it is a non-mandatory courtesy form and not legal advice. The Clerk's forms page adds that it is your responsibility to determine the correct instruments and forms for your transaction.
Does this form need to be notarized?
The form includes a Notary Public section in which the notary certifies that the listed beneficiaries appeared in person and swore on oath to the affidavit. It has spaces for the notary's signature, printed name, the date and a stamp.
What information do I need before filling it out?
You need the deceased owner's name and date of death, the Illinois county of residence, the Property Identification Number, the legal description, the common address, and the date and Document Number of the recorded TODI. You also need each beneficiary's name, address and share.
What if the legal description does not fit on the form?
Attach an exhibit. The form says to attach an exhibit if more room is needed for the legal description.
Can I fill out this form online on FillingPDF?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is independent of the Cook County Clerk and does not file, record or notarize the form; you submit it through the Clerk's channels.
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