Under Illinois law, your last will and testament must be filed with the circuit clerk in the county where you resided at the time of your death. Sec. 105. Default and mandatory rules.In real estate transactions, a trust deed transfers the legal title of a property to a third party until the borrower repays their debt to the lender. The Illinois Trust Code sets out many "default" rules. A trust document may change some of these rules and not others. How to fill out the Quitclaim Deed Trust Form for Real Estate in Illinois? What happens to your property under Illinois laws if you don't have a trust? Mortgages of real property and deeds of trust in the nature of a mortgage shall be released of record only in the manner provided herein. This article will look at four common problems that occur regarding trusts under Illinois law. They may also include deeds to transfer real estate to a living trust and changes of ownership of financial assets to the trustee.