republic-os/legislation/us/states/il/97th/hb-1153.md

---
type: "Bill"
title: "REAL PROP-TRANSFER ON DEATH"
description: "Creates the Illinois Residential Real Property Transfer on Death Instrument Act. Defines terms. Provides the requirements for an owner to transfer residential real estate by a transfer on death instrument. Provides that a transfer on death instrument is a revocable nontestamentary instrument. Requires that an owner who makes or revokes a transfer on death instrument must have the same capacity as the capacity required to make a will. Provides that a transfer on death instrument must include the essential elements and formalities of a deed and be recorded in the recorder's office before the owner's death. Provides that a transfer on death instrument does not require notice, delivery, or consideration. Provides that revocation of a transfer on death instrument may be accomplished by another transfer on death instrument that revokes the instrument expressly or by an inconsistency which is recorded before the owner's death. Describes the effects that a transfer on death instrument does and does not have, during an owner's life. Provides that a beneficiary under a transfer on death instrument has, at the owner's death, the right to disclaim or refuse to accept the transfer. Provides for the manner of acceptance of a transfer by the beneficiary. Provides that a beneficiary of a transfer on death instrument is subject to the claims of creditors and statutory claimants to the same extent as a beneficiary of any nontestamentary transfer. Describes applicable statute of limitations to contest the validity of a transfer on death instrument. Provides that the preparation of a transfer on death instrument or its revocation is the practice of law. Provides a statutory form for a notice of death affidavit and acceptance of a transfer on death instrument."
jurisdiction: "us/states/il"
legislature: "Illinois General Assembly"
session: "97th"
identifier: "HB 1153"
citation: "Illinois HB 1153 (97th)"
classification: ["bill"]
subjects: []
status: "enacted"
primary_sponsors: []
version_count: 3
action_count: 38
vote_count: 3
first_action: "2011-02-08"
last_action: "2011-08-25"
source: "openstates"
source_identifier: "ocd-bill/16436f43-2eb0-4630-b160-9455a456385c"
source_url: "http://ilga.gov/legislation/BillStatus.asp?DocNum=1153&GAID=11&DocTypeID=HB&LegId=57055&SessionID=84&GA=97"
source_hash: "f7ce543bf51d132aeb1fc54c91a8cd610efa63ff5df335f0d78940aaf1ddad85"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-il"]
---

# Illinois HB 1153 (97th) — REAL PROP-TRANSFER ON DEATH

Creates the Illinois Residential Real Property Transfer on Death Instrument Act. Defines terms. Provides the requirements for an owner to transfer residential real estate by a transfer on death instrument. Provides that a transfer on death instrument is a revocable nontestamentary instrument. Requires that an owner who makes or revokes a transfer on death instrument must have the same capacity as the capacity required to make a will. Provides that a transfer on death instrument must include the essential elements and formalities of a deed and be recorded in the recorder's office before the owner's death. Provides that a transfer on death instrument does not require notice, delivery, or consideration. Provides that revocation of a transfer on death instrument may be accomplished by another transfer on death instrument that revokes the instrument expressly or by an inconsistency which is recorded before the owner's death. Describes the effects that a transfer on death instrument does and does not have, during an owner's life. Provides that a beneficiary under a transfer on death instrument has, at the owner's death, the right to disclaim or refuse to accept the transfer. Provides for the manner of acceptance of a transfer by the beneficiary. Provides that a beneficiary of a transfer on death instrument is subject to the claims of creditors and statutory claimants to the same extent as a beneficiary of any nontestamentary transfer. Describes applicable statute of limitations to contest the validity of a transfer on death instrument. Provides that the preparation of a transfer on death instrument or its revocation is the practice of law. Provides a statutory form for a notice of death affidavit and acceptance of a transfer on death instrument.

## Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

1. **Introduced** (filed) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09700HB1153&GA=97&SessionId=84&DocTypeId=HB&LegID=57055&DocNum=1153&GAID=11&Session=&print=true)
2. **Engrossed** (committee substitute) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09700HB1153eng&GA=97&SessionId=84&DocTypeId=HB&LegID=57055&DocNum=1153&GAID=11&Session=&print=true)
3. **Enrolled** (enrolled) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09700HB1153enr&GA=97&SessionId=84&DocTypeId=HB&LegID=57055&DocNum=1153&GAID=11&Session=&print=true)

## Votes

- Third Reading — **55–0** (pass) · upper
- Third Reading — **99–5** (pass) · lower
- Concurrence — **100–16** (pass) · lower

## Sponsors

- John E. Bradley — primary (person)

## Timeline

The legislative action history — every referral, reading, and vote.

- **2011-02-08** Filed with the Clerk by Rep. John E. Bradley `filing`
- **2011-02-08** Added Chief Co-Sponsor Rep. Sidney H. Mathias
- **2011-02-08** First Reading `reading-1`
- **2011-02-08** Referred to Rules Committee `referral-committee`
- **2011-02-14** Assigned to Judiciary I - Civil Law Committee `referral-committee`
- **2011-02-22** Added Chief Co-Sponsor Rep. Patricia R. Bellock
- **2011-03-09** Do Pass / Short Debate Judiciary I - Civil Law Committee; 011-000-000 `committee-passage`
- **2011-03-09** Placed on Calendar 2nd Reading - Short Debate
- **2011-03-17** Second Reading - Short Debate `reading-2`
- **2011-03-17** Placed on Calendar Order of 3rd Reading - Short Debate
- **2011-04-15** Third Reading - Short Debate - Passed 099-005-000 `reading-3, passage`
- **2011-04-22** Arrive in Senate `introduction`
- **2011-04-22** Placed on Calendar Order of First Reading May 3, 2011 `reading-1`
- **2011-04-25** Chief Senate Sponsor Sen. A. J. Wilhelmi
- **2011-04-27** First Reading `reading-1`
- **2011-04-27** Referred to Assignments `referral-committee`
- **2011-05-04** Assigned to Judiciary `referral-committee`
- **2011-05-06** Senate Committee Amendment No. 1 Filed with Secretary by Sen. A. J. Wilhelmi `amendment-introduction`
- **2011-05-06** Senate Committee Amendment No. 1 Referred to Assignments `referral-committee`
- **2011-05-10** Senate Committee Amendment No. 1 Assignments Refers to Judiciary
- **2011-05-10** Senate Committee Amendment No. 1 Adopted `amendment-passage`
- **2011-05-10** Do Pass as Amended Judiciary; 008-000-000 `committee-passage`
- **2011-05-10** Placed on Calendar Order of 2nd Reading May 11, 2011
- **2011-05-12** Second Reading `reading-2`
- **2011-05-12** Placed on Calendar Order of 3rd Reading May 13, 2011
- **2011-05-17** Third Reading - Passed; 055-000-002 `reading-3, passage`
- **2011-05-17** Arrived in House `introduction`
- **2011-05-17** Placed on Calendar Order of Concurrence Senate Amendment(s) 1
- **2011-05-17** Senate Committee Amendment No. 1 Motion Filed Concur Rep. John E. Bradley
- **2011-05-17** Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee `referral-committee`
- **2011-05-27** Senate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary I - Civil Law Committee `referral-committee`
- **2011-05-29** Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary I - Civil Law Committee; 011-000-000
- **2011-05-31** Senate Committee Amendment No. 1 House Concurs 100-016-000
- **2011-05-31** Passed Both Houses
- **2011-06-09** Sent to the Governor `executive-receipt`
- **2011-08-25** Governor Approved `executive-signature`
- **2011-08-25** Effective Date January 1, 2012
- **2011-08-25** Public Act . . . . . . . . . 97-0555 `became-law`

## Source

OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/16436f43-2eb0-4630-b160-9455a456385c`. Confidence: reported (aggregated from official Illinois legislature records).