Whenever any deed, mortgage, conveyance, release, power of attorney or other writing of, or relating to the sale, conveyance or other disposition of real estate, or any interest therein, or any other instrument in writing not required by law to be attested by a subscribing witness, may be offered in evidence in any action pending in any court of this state, and the same appears to have been so attested, and it becomes necessary to prove the execution of such deed or other writing otherwise than as now provided by law, it shall not be necessary to prove the execution of the same by a subscribing witness to the exclusion of other evidence, but the execution of such instrument may be proved by secondary evidence without producing or accounting for the absence of the subscribing witness or witnesses.
8-1601.Execution of deed.
Article VIII. Evidence · Part 16. Proof of Deeds and Writings · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets a party in an Illinois court action prove that a deed or similar real-estate instrument was executed using secondary evidence, without producing or accounting for the absence of the subscribing witness.
Full Text of 735 ILCS 5/8-1601
Plain-English Summary
This section eases proof of execution for deeds, mortgages, conveyances, releases, powers of attorney, and other writings about the sale, conveyance, or disposition of real estate or an interest in it, as well as other instruments not otherwise required by law to carry a subscribing witness. It applies when such an instrument appears to have been attested and its execution needs proving other than as the law already provides.
In that situation, the party offering the instrument need not produce the subscribing witness or account for that witness's absence; execution may instead be proved by secondary evidence. The section is limited to proving execution — it doesn't address title or the instrument's substantive effect.
Frequently Asked Questions
What kinds of documents does this section cover?
Deeds, mortgages, conveyances, releases, powers of attorney, and other writings relating to the sale, conveyance, or disposition of real estate or an interest in it, plus other instruments not otherwise required by law to be attested.
What rule does this section change?
The older requirement of producing the subscribing witness, or explaining that witness's absence, to prove an attested instrument's execution.
What can a party use instead of the subscribing witness?
Secondary evidence of execution.
Does the instrument have to be attested for this section to apply?
The section addresses instruments that "appear[] to have been so attested," so it targets attested instruments, along with unattested ones not otherwise required to be witnessed.
Where would this section come up in litigation?
In an action where a deed or similar real-estate instrument is offered in evidence and a party disputes whether it was properly executed.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: proving deed execution illinoissubscribing witness deed illinoissecondary evidence real estate instrument illinoisprove deed without subscribing witness illinois