special language is required to ensure that the deed qualifies as a tod deed form. the illinois residential real property transfer on death instrument act requires the document to be signed like a will and provides that a valid illinois transfer-on-death instrument will trump any contrary provisions in a will. for a transfer-on-death deed to be effective to transfer property on the death of the last surviving owner, the last surviving owner must have signed the document. the illinois residential real property transfer on death instrument act limits the circumstances in which an illinois transfer-on-death deed can be used to transfer real estate.