How to re-record or update a joint survivorship deed after co-owners died — Illinois

Short answer: In Illinois, start by confirming whether the deed created a right of survivorship (joint tenancy or tenancy by the entirety). If a survivorship interest exists, the property typically passes automatically to the surviving owner(s). To update public records, obtain certified death certificates, prepare an affidavit or corrective deed showing the surviving owner(s), and record that document with the county recorder. If no survivorship exists (tenants in common) or title is unclear or contested, you will likely need to open probate or use another court process. This article explains the typical steps, what documents you’ll need, and when to consult an attorney.

Disclaimer

This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Illinois attorney.

Detailed answer — step-by-step under Illinois law

1. Read the recorded deed carefully

Locate the recorded deed that created co-ownership and read its language. Key phrases that indicate survivorship include “joint tenants with right of survivorship” or “as tenants by the entirety” (used for married couples). If the deed says “tenants in common” or lacks survivorship language, the decedent’s share does not automatically pass to the co-owner(s).

2. Obtain certified copies of the death certificate(s)

Order certified copies of each decedent’s death certificate from the county or state vital records office. The county recorder will usually require a certified death certificate when you record an affidavit or other proof of death.

3. Determine whether title passed automatically or requires probate

– If the deed created a right of survivorship (joint tenancy or tenancy by the entirety), the surviving co-owner(s) generally own the property outright after the other owner’s death. No probate is needed to transfer legal title in most cases, though you still should update public records.

– If the deed created tenants in common or the deed is ambiguous, the decedent’s share is part of their probate estate and usually must pass through probate under the Illinois Probate Act. See the Illinois Compiled Statutes for the Probate Act and probate procedures: Illinois Compiled Statutes (ILGA).

4. Prepare the appropriate document to record

Common documents used to update the county recorder’s records include:

Affidavit of survivorship or affidavit of death of joint tenant: States that a named joint tenant died, attaches a certified death certificate, and declares that title vested in the surviving joint tenant(s) by operation of law. Many counties accept an affidavit plus the death certificate in lieu of a new deed.
Corrective or quitclaim deed: The surviving owner(s) may execute and record a deed (for example, a quitclaim deed) that clarifies current ownership. A deed is often used when the recorder requires a conveyance document rather than just an affidavit.
Court order or probate documents: If title must pass through probate, the personal representative’s deed (for example, a deed by the estate’s representative) or a court order will be required to change title in the recorder’s office.

Which document is appropriate depends on county practice and the facts. Contact the county recorder/recorder of deeds office where the property is located to confirm acceptable document types and formatting.

5. Prepare and record correctly

When you prepare any affidavit or deed for recording, make sure to include:

Full legal description of the property (as shown on the recorded deed).
Names exactly as they appear on recorded instruments.
Attached certified death certificate(s) of the deceased owner(s).
Notarized signatures where required.
Payment of recording fees and any transfer taxes (county-specific).

Record the affidavit or deed at the county recorder/recorder of deeds office where the property sits. Recording the affidavit or deed updates public records and helps avoid future title disputes.

6. Update related accounts and parties

After recording, update these as applicable:

Title insurance company: request an updated title certificate or endorsement.
Mortgage lender: notify the lender if there is an outstanding mortgage—mortgage obligations may remain even if title transfers by survivorship.
Property tax assessor and tax bill mailing address.
Homeowner’s insurance policy.

7. When probate or court action is required

If there is no survivorship language, if co-owners died simultaneously, if there are competing claims, or if title is defective, you will likely need to:

Open a probate case for the decedent’s estate in the county court and obtain letters of office or a court order directing sale or transfer.
Obtain a judicial determination of heirship or a court order to quiet title if ownership is unclear or contested.

The Illinois Probate Act governs how property in the estate is administered; you can review the statutes and procedures at the Illinois General Assembly website: https://www.ilga.gov/legislation/ilcs/ilcs.asp.

8. Special situations to watch for

If the deed used the phrase “joint tenants” but not “with right of survivorship,” courts will examine intent and deed language; outcomes can vary.
If the property is encumbered by liens, mortgages, or tax judgments, those liens may survive and complicate transfer.
If multiple co-owners died at similar times (e.g., common disaster), you may need evidence of order of deaths or formal determinations for distribution.

Helpful Hints

Start by pulling the recorded deed from the county recorder’s online database or the physical office to read exact language.
Get multiple certified death certificates—recorders and other agencies frequently request originals or certified copies.
Call the county recorder/recorder of deeds office before you prepare documents; each county may have specific form or indexing requirements.
Consider a title search or contact a title company to uncover hidden liens or clouds on title before recording anything.
If you expect to record an affidavit of survivorship yourself, follow the recorder’s sample form (many counties post samples online).
If there is any dispute among heirs or co-owners, get an attorney. Even when the law is clear, disputes can lead to costly litigation if mishandled.
Keep recorded copies and proof of recording (recording receipt and instrument number) with estate records.
Even when survivorship passes automatically, recording an affidavit or corrective deed protects future buyers and lenders by clarifying chain of title.

When to consult a lawyer

Talk with a licensed Illinois attorney if any of the following are true:

Title language is ambiguous or disputed.
Multiple co-owners died and order of death affects distribution.
Significant liens, mortgages, or tax problems complicate transfer.
Heirs or co-owners disagree about what should happen to the property.

For general statutory procedure and probate rules, see the Illinois Compiled Statutes at the Illinois General Assembly website: https://www.ilga.gov/legislation/ilcs/ilcs.asp. For county-specific recording procedures and fees, check the recorder/recorder of deeds office in the county where the property is located.