Sec. 40. Requirements.

137 words·~1 min read·/il/chapter-755/act-27/40

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A transfer on death instrument:

(1)must:

(i)contain the essential elements and formalities of a properly recordable

inter vivos deed, but does not need to state consideration or the addresses of the beneficiaries; and

(ii)must be executed, witnessed, and acknowledged in substantial compliance with Section 45;

(2)must state that the transfer to the designated beneficiary is to occur at the

owner's death; and

(3)must be recorded before the owner's death in the public records in the office of the

recorder of the county or counties in which any part of the real property is located.

(b)The failure to comply with any of the requirements of subsection

(a)will render the transfer on death instrument void and ineffective to transfer title to the real property at the owner's death.