State-Specific Legal Forms

Illinois quitclaim deeds must be notarized and recorded with the county recorder. A Real Estate Transfer Declaration (PTAX-203) must accompany the deed. Transfer taxes are imposed at the state, county, and sometimes municipal level.

Illinois provides separate statutory short forms for property powers of attorney and healthcare powers of attorney. The Illinois Power of Attorney Act requires the principal to sign in the presence of a notary and one witness. The witness cannot be the agent.

Illinois does not recognize holographic wills. A valid will must be in writing, signed by the testator, and attested by two credible witnesses. Illinois follows an elective share statute allowing the surviving spouse to take one-third of the estate (or one-half if no descendants).

Illinois recognizes living wills under the Illinois Living Will Act. The declaration must be signed by the declarant and two witnesses. A separate Healthcare Power of Attorney form is used to appoint a healthcare agent under the Illinois Healthcare Surrogate Act.

Illinois does not require an operating agreement by statute, but one is strongly recommended. Articles of Organization are filed with the Secretary of State. Illinois imposes a personal property replacement income tax on LLCs in addition to the state income tax.

Illinois has landlord-tenant statutes at both the state level and municipal level (Chicago's RLTO is particularly comprehensive). Security deposit interest must be paid annually. Chicago requires specific disclosures and a summary of the RLTO with every lease.

Illinois eviction (forcible entry and detainer) requires a 5-day notice for nonpayment of rent or a 10-day notice for lease violations. The case is filed in Circuit Court. Chicago has additional tenant protections including just cause eviction for certain buildings.

Illinois small claims court handles disputes up to $10,000. Cases are heard in Circuit Court. Attorneys are allowed but not required. Mandatory arbitration may apply in counties that have adopted arbitration programs for small claims.

Illinois is a no-fault divorce state as of 2016 — irreconcilable differences is the only ground. Illinois follows equitable distribution of marital property. If the parties have lived separate and apart for at least six months, irreconcilable differences are presumed.

Illinois name changes require a petition filed in Circuit Court and publication of the court's order in a newspaper of general circulation for three consecutive weeks. The publication requirement may be waived for safety reasons (e.g., domestic violence survivors).