A Chicago Property Deed Lawyer Explains Deed Transfers

A deed is a document that transfers the ownership of real estate from the current owner (grantor) to the new owner (grantee). It is necessary that a deed be in writing, signed by the grantor, and recorded in the county in which the real estate is located. There are different types of deeds a Chicago property deed lawyer may use, and which deed you use depends on your particular circumstances. 

Types of Deeds

• Quitclaim Deed: With a quitclaim deed, the grantor makes no representation to the grantee as to the condition of title. In other words, the grantor is transferring the interest they have in the property (if any) but not warranting that there is no other person or entity that has an interest in the property, or that the property is insurable.

• Special Warranty Deed: In a special warranty deed, the grantor transfers their interest to the grantee and also warrants that for the time period they owned the land title is clear and able to be insured. 

• Warranty Deed: A warranty deed transfers the grantor’s interest to the grantee and the grantor also warrants that the title to the property is clear.

There is another instrument that can be used in Illinois to transfer property called the Transfer on Death Instrument (TODI).

When Do You Need a Deed Transfer?

There are several common situations that warrant a deed transfer in Chicago. At the Law Office of Alexis Hart McDowell we work with clients who need to transfer property. Some situations include adding or removing a spouse to a deed, death of a parent and heir(s) need their name(s) on the deed, property owner’s desire to transfer the property to someone else. 

• Transfer Interest to Spouse: If a person that owns real property marries, adding their spouse to the deed is one way of transferring them an interest in the property in case they die.

• When Someone Dies: When the person that owns the property dies, a deed will need to be issued to place the property in the name of the heir that inherits it.

• Add/Remove Someone from the Deed: If title to the property needs to be changed or updated by removing or adding a person’s name to the deed, then a new deed will need to be issued.  

About Affidavit of Heirship

When a person dies in Cook County, a determination must be made as to who will inherit the property of the deceased.  An Affidavit of Heirhship helps to avoid probate if there is no will. It is an informational statement that the person giving the information attests to its truth and accuracy. It details who the heirs of the deceased are. When there are no immediate surviving family members, the more complicated the affidavit may be. A Chicago property deed lawyer at the Law Office of Alexis Hart McDowell can assist in completing this affidavit when needed. 

How Long Does it Take to Transfer a Deed in Chicago?

When you work with the Law Office of Alexis Hart McDowell to transfer a deed in Cook County you can expect the process to take seven to ten business days.

Speak With A Chicago Property Deed Lawyer at the Law Office of Alexis Hart McDowell

If you are in a situation where you need to transfer the title of land, and want to know the best way to accomplish it in your particular circumstances, contact a Chicago property deed lawyer at the Law Office of Alexis Hart McDowell. We are legal professionals that think outside of the box, and we can help you reach your real estate planning goals. Book a consultation today to get started.