Transfer on Death Instruments (TODIs) in Illinois
An Illinois Transfer on Death Instrument (TODI) allows you to designate a beneficiary who will automatically receive your real estate upon your death — without going through probate. This powerful estate planning tool, authorized under the Illinois Residential Real Property Transfer on Death Instrument Act, can save your Chicago-area family significant time, expense, and stress while keeping you in full control of your property during your lifetime.
Why Chicago Property Owners Choose TODIs
The probate process in Illinois typically takes 6 to 12 months and can cost thousands of dollars in legal fees and court costs. A properly prepared and recorded TODI allows your residential property to bypass this process entirely, passing directly to your named beneficiary upon your death. Unlike joint tenancy, a TODI does not give the beneficiary any current ownership interest or control — you retain full authority to sell, mortgage, or use the property as you see fit. You can also revoke or change the TODI at any time.
Illinois TODI Legal Requirements
Attorney Brian Tierney prepares TODIs that comply with all requirements of the Illinois TODI Act, including:
- Proper execution with two witnesses as required by statute
- Accurate legal descriptions matching Cook County or other county records
- Correct beneficiary designations including contingent beneficiaries
- Recording before death — the instrument must be recorded with the county recorder to be effective
How Attorney Brian Tierney Helps with TODIs
Brian integrates TODIs into your broader estate plan to ensure all of your assets are covered. For clients with multiple Chicago-area properties, he prepares separate TODIs for each parcel. He also advises on situations where a living trust or land trust might provide additional benefits like privacy or asset protection. Every client's situation is different, and Attorney Tierney takes the time to explain all options so you can make an informed decision.
Protect Your Chicago Property with a TODI
Do not leave your family to navigate the Illinois probate system. A TODI is one of the simplest and most cost-effective ways to ensure your property passes to the people you choose. Contact Attorney Brian Tierney today for a free consultation about whether a TODI is right for your situation.