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A Transfer on Death Instrument (often called a TODI) is a method to transfer real estate upon an owner's death without having to go through the probate process. Illinois law requires that the Transfer on Death Instrument be signed, witnessed, notarized and recorded with the County Recorder of Deeds before the owner's death.
In order to revoke or cancel a Transfer on Death Instrument, an owner must follow a similar process. A document must be signed, witnessed, notarized and recorded with the County Recorder of Deeds before the owner's death. An owner can also revoke a Transfer on Death Instrument by recording a new Transfer on Death Instrument that revokes the old Transfer on Death Instrument.
Once you have processed a Transfer of Death Instrument, it cannot be revoked in any other way than as listed above. That means it cannot be revoked through any unrecorded document or by a part of a will.
A sample form to revoke a Transfer on Death Instrument is below. In addition, many County Recorder of Deeds have sample forms to revoke a Transfer on Death Instrument.
Use this form to revoke a Transfer on Death Instrument (TODI) that you have filed with a County Recorder of Deeds office.
To complete this form, you will need:
- The legal description of the property,
- The Property Index Number ("PIN"),
- The date the TODI was recorded,
- The document number of the TODI, and
- The names of 2 witnesses who will sign the revocation with you.
You will also need a notary to verify your signature and the witnesses' signatures.
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