---
title: "Illinois Transfer on Death Instrument (TODI) | Funding LTC Marketplace"
url: https://fundingltcmarketplace.com/states/illinois/transfer-on-death-instrument/
description: "Illinois's Transfer on Death Instrument (TODI) under 755 ILCS 27 can pass real property outside probate, but formalities and creditor claims still matter."
last_updated: 2026-10-20
author: George A. Mellendorf, CLTC, LTCP (Central States Insurance Services, Inc.)
publisher: Funding LTC Marketplace
note: Educational content; not legal, tax or financial advice. Markdown copy of the HTML page at the URL above.
---
Illinois · Asset Protection Tool

# Illinois Transfer on Death Instrument (TODI)

Last updated 2026-10-20

**Quick answer:** Yes. Illinois's version is the Transfer on Death Instrument (TODI), under 755 ILCS 27. It passes real property to named beneficiaries at death without probate, and for owners who die on or after January 1, 2022, it covers real property in general.

Illinois's version of a transfer-on-death deed is called the Transfer on Death Instrument, created under the Real Property Transfer on Death Instrument Act (755 ILCS 27). It lets an owner name beneficiaries who receive the real property automatically at death, without probate.

The tool got broader over time. Public Act 102-68 expanded the Act's coverage from a narrower definition of residential real estate to real property in general, applying to instruments made by owners who die on or after January 1, 2022.

Even with that expansion, formalities in execution and potential creditor claims against the estate still matter — a TODI isn't a guaranteed workaround for every complication that can arise after death.

## Sources and official resources

- [Illinois HFS: Long Term Care](https://hfs.illinois.gov/medicalclients/ltc.html)
- [U.S. Code: 42 U.S.C. § 1396p (liens, estate recovery, transfers of assets, Partnership disregard)](https://www.law.cornell.edu/uscode/text/42/1396p)
- [CMS: 2026 SSI and Spousal Impoverishment Standards](https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf)

Rules and figures change. Confirm current details with the agency before you act.

[← Back to the full Illinois guide](https://fundingltcmarketplace.com/states/illinois/)