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Property Deeds USA

Guide

Getting a Deed After a Death in Cook County

A calm overview of how a home passes to heirs, and where the paperwork lives.

This page is general information, not legal advice. For your situation, talk to an Illinois probate attorney or visit the official resources linked below.

Step 1: Find the current deed

Start by confirming how the property is titled today. Search the address to see the most recent deed type and buyer of record. The title tells you which route applies:

  • Joint tenancy or tenancy by the entirety — the surviving owner usually takes the property automatically; a death certificate is typically recorded.
  • Land trust or living trust — the trust agreement controls who succeeds. See land trusts.
  • Transfer on death instrument (TODI) — the named beneficiary records a notice of death affidavit.
  • In the deceased's name alone — usually requires probate.

Executor's & administrator's deed

When a home goes through probate in the Circuit Court of Cook County, the court appoints an executor or administrator. They sign an executor's or administrator's deed to transfer the property to an heir or buyer.

Transfer on death instrument (TODI)

Under the Illinois Residential Real Property Transfer on Death Instrument Act, an owner can record a TODI during life. After death, the beneficiary can accept the property without probate. See TODI.

Small estate affidavit

The Illinois small estate affidavit is for personal property (bank accounts, vehicles) below a value limit. It generally can't be used to transfer real estate.

Official resources

Need the current deed for an estate file? See how to get a copy.

Frequently asked questions

How do I get a copy of my late parent's deed in Cook County?

Find the property's PIN, then request a copy from the Cook County Clerk's Recordings division, or order a non-certified copy through a service like Property Deeds USA.

Can I use a small estate affidavit for real estate in Illinois?

Generally no. The Illinois small estate affidavit covers personal property up to a set value and is not normally used to transfer real estate. Speak with an Illinois attorney about your situation.