Palatine Transfer on Death Instrument Lawyer
Trusted Transfer on Death Instrument Attorney in Palatine, Illinois
Take charge of your legacy today; contact us to start building an estate plan that provides peace of mind and protection for your loved ones.
A house passed down through a will still has to move through probate court before your children can sell it, refinance it, or even move in.
A Transfer on Death Instrument (TODI) written and recorded the right way sends that same house straight to the people you name the day you die, with no probate filing and no court date.
As a Palatine Transfer on Death Instrument lawyer, Scott Nowling built his estate planning practice around this exact document years before most Chicago area firms treated it as anything more than a footnote in a will, and he pairs every TODI with a full review of your existing will or trust so nothing you own falls into the gap between the two.
Tell us what you own and who you want to receive it, and we will tell you exactly what document does that, and what else still needs to be in place.
TODI Drafting and Trust Coordination for Palatine Homeowners
Not every homeowner needs the same document, and matching you to the right one comes first.
- Transfer on Death Instrument drafting: we prepare the TODI itself, naming your primary and contingent beneficiaries and describing your property the way the county requires.
- TODI plus revocable trust coordination: if you already have a trust, we confirm the TODI names it correctly and does not conflict with what the trust already controls.
- TODI review and updates: if you signed a TODI years ago, we check whether your beneficiaries, marital status, or property description still match your life today.
- Revocable living trusts: for clients whose plan needs more than one instrument, we build the trust that funds your other assets while the TODI handles the house.
- Wills and powers of attorney: we draft the will and financial power of attorney that stand behind your TODI for everything it does not cover.
- Healthcare directives: we prepare the healthcare power of attorney and living will that name who speaks for you if you cannot speak for yourself.
Palatine Practice Areas
What Happens to Your Palatine Home Without a Recorded TODI
Illinois law lets an owner transfer residential real estate directly to a named beneficiary at death, outside of probate, under the Real Property Transfer on Death Instrument Act (755 ILCS 27).
Without a TODI, or a trust that already owns the property, your house passes under your will, and a will does not avoid probate. Your children would need to open a probate case, wait for the court to appoint an executor, and get a court order before they can sell, refinance, or transfer the property.
That process can take months, and it happens in open court, not privately. This reflects Illinois law as of September 2026.
Do you want your family standing in front of a judge to get permission to sell your house, or do you want the transfer to happen the same afternoon the county clerk records your name off the property? A properly executed and recorded TODI is often the difference between the two.
How We Build Your Palatine TODI, Step by Step
Every TODI we prepare follows the same sequence, whether you signed your last estate planning document ten years ago or never had one.
- We confirm ownership and the exact legal description on file for your property.
- We review any existing will, trust, or prior TODI for conflicts before drafting anything new.
- We draft the TODI naming your primary and contingent beneficiaries in the order you choose.
- We execute the instrument with the same signing and witnessing formalities set out in the TODI statute, which, unlike a will, also require the signatures to be acknowledged by a notary public
- We record the instrument with the Cook County Clerk’s Recordings Division, so it is on file long before it is ever needed.
FAQs About Palatine, IL Transferable on Death Instrument (TODI) Laws
Does a Transfer on Death Instrument replace my will?
No. A TODI only covers the specific property named in the document. You still need a will for everything else you own, and we build both together so there is no gap between them.
If I already have a revocable trust, do I still need a TODI?
Only if your house was never transferred into the trust. Many Illinois homeowners have a trust that never actually received the deed to their home, which means the house is not protected the way they assume.
Can I change who receives the property after I sign the TODI?
Yes. You can revoke or replace a TODI at any time while you are alive and of sound mind, as long as the revocation itself is signed, witnessed, and recorded the same way the original TODI was.
Where does a Palatine TODI get recorded?
With the Cook County Clerk’s Recordings Division at 118 N. Clark Street in Chicago. It has to be recorded before your death to be valid, not filed afterward the way a will is filed.
What happens if I sign a TODI but never record it?
An unrecorded TODI does not transfer anything. Illinois law requires recording during the owner’s lifetime, so an unrecorded document is treated as if it never existed.
Does a TODI work the same way outside Palatine?
Yes. The statute applies statewide, so the same document works for property anywhere in Illinois, though it gets recorded with whichever county holds the deed.
How much does a Palatine TODI cost?
Every estate plan is priced based on what you actually need, not a flat rate pulled from a rate card. We give you an exact number once we know whether you need a standalone TODI or a full plan built around it.
How long does this take, from our first conversation to a recorded TODI?
Most clients sign within a few weeks of our first conversation, and the instrument is typically recorded within days of signing.
If you own a home in Palatine and want a straight answer on which of these documents you actually need, reach out, and we will walk through your specific property and family situation.
Start Your Palatine TODI Today
You do not need to have everything decided before you contact us. Bring what you have, whether that is a deed, an old will, or just a list of who you want to receive your home, and we will tell you exactly what is missing and what to do next.
Contact Nowling Law to schedule a consultation.
Client Success Stories
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