How do I file a quitclaim deed in Illinois?

1. Quitclaim vs Warranty Deed

Illinois quitclaim (765 ILCS 5/10) transfers only the grantor's interest. A warranty deed (5/9) carries the six common-law covenants; a special warranty deed covers only the grantor's own acts.

2. Common Uses

Divorce, interspousal transfers, gifts to family, trust funding (Illinois land trusts are common), removing a deceased joint tenant via affidavit + quitclaim.

3. Execution Formalities

Grantor signs and acknowledges before a notary (765 ILCS 5/20; Illinois Notary Public Act 5 ILCS 312/). No subscribing witnesses required.

4. Required Contents

Grantor and grantee names with addresses, legal description, PIN (property index number) — required by 35 ILCS 200/9-45 for recording, words of conveyance ("does hereby remise, release, and quitclaim"), and consideration recital.

5. Recording

File with the county Recorder of Deeds (765 ILCS 5/28-31). Recording fees vary widely — Cook County around $98 for a standard residential deed. A grantor/grantee statement (765 ILCS 5/35c) and PTAX-203 Real Estate Transfer Declaration accompany the filing.

6. Transfer Tax

State: $0.50 per $500 of consideration (35 ILCS 200/31-10). County: $0.25/$500. Cook County and many municipalities add their own (Chicago: $5.25/$500 plus a CTA portion). Transfers in trust (grantor to own trust), spousal transfers, and gifts (zero consideration) qualify for exemptions on PTAX-203.

7. Title Insurance Limits

Illinois underwriters typically refuse to extend coverage on a chain that includes a recent quitclaim without curative work.

8. Pitfalls

Quitclaim does NOT release the grantor from mortgage liability; due-on-sale risk; Garn-St. Germain (12 U.S.C. § 1701j-3) protects qualifying family transfers.

9. Special Local Rules

Chicago: in addition to state/county tax, the municipal real property transfer tax (CTA portion) requires a separate stamp; obtain from the Department of Finance.

This is legal information, not legal advice.