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).

Illinois warranty deeds convey full statutory covenants of title. The deed must be acknowledged and recorded in the county recorder's office where the property is located. Illinois imposes a state real estate transfer tax of $0.50 per $500, plus county and (for Chicago and other home-rule municipalities) local transfer taxes.

Illinois does not mandate a state-prescribed bill-of-sale form for general personal property, but the Secretary of State requires Form RUT-50 (Private Party Vehicle Use Tax Transaction) when titling a vehicle. A signed bill of sale supports tax calculation and proves transfer of ownership.

Illinois adopted the Uniform Premarital Agreement Act. Agreements are enforceable unless the challenging spouse proves involuntary execution OR unconscionability combined with absence of disclosure or waiver of disclosure. Spousal maintenance waivers cannot leave the other spouse eligible for public assistance.

Illinois does not cap rental application fees by state statute, but Cook County and the City of Chicago limit application fees to amounts reasonably related to the actual cost of screening. The Chicago RLTO requires landlords to disclose denial reasons upon request.

Illinois Consumer Fraud Act does not require a pre-suit demand, but the Illinois Wage Payment and Collection Act and various lien statutes do. A demand letter is also strongly advised before filing in small claims (jurisdictional limit $10,000) to demonstrate good faith.

Illinois requires a verified return of service from the sheriff or a court-appointed special process server. For private process servers in counties over 2 million population (Cook), they must be appointed by court order. The return must be filed promptly with the clerk.

Illinois eliminated its general usury cap in 1981 for loans of any amount where one party is a corporation, LLC, or trust. Consumer loans are subject to the 36% APR cap under the Predatory Loan Prevention Act (2021). Promissory notes are negotiable instruments under 810 ILCS 5/3.

Illinois SB 1480 / Workplace Transparency Act (effective 2020, amended 2022) significantly limits enforceability of NDAs that prevent employees from disclosing unlawful conduct, including harassment and discrimination. Employees retain the right to disclose to government agencies, attorneys, and in legal proceedings.

Illinois Freedom to Work Act (effective Jan 1, 2022) bars non-competes for employees earning $75,000 or less and non-solicits for employees earning $45,000 or less (thresholds rise over time). Above-threshold non-competes must be reasonable, supported by adequate consideration (typically 2 years employment), and the employee must have 14 days to review.

Illinois permits child support modification on a substantial change in circumstances OR a 20%/$10 deviation from the statutory income-shares guideline (whichever is greater). Healthcare Family Services may also seek administrative modification every 3 years for IV-D cases.