Georgia Transfer on Death Deed

Introduction

Key Things to Know

1. 1

   A Georgia transfer-on-death deed is a deed recorded during your life that names a grantee beneficiary to take your real property when you die, without probate (O.C.G.A. 44-17-1 through 44-17-7). Georgia uses the hyphenated term transfer-on-death deed throughout the chapter.

2. 2

   Georgia never adopted the uniform act and the chapter carries no short title. It was created by Senate Bill 420, Act 496, effective July 1, 2024, and amended by House Bill 413, Act 379, effective April 22, 2026.

3. 3

   The transfer is not self-executing. Your grantee beneficiary must execute an acceptance affidavit confirming verification of your death, whether the two of you were married when you died, the deed book and page of the recorded deed, and a legal description of the property (O.C.G.A. 44-17-2).

4. 4

   For a record owner dying on or after July 1, 2026 the affidavit, a copy of the death certificate, and a real estate transfer tax declaration form must be recorded with the clerk of superior court within nine months of the death, or the interest in the property reverts to the deceased record owner estate (O.C.G.A. 44-17-2).

5. 5

   You execute, attest, and record the deed with the clerk of superior court of the county where the real estate is located, before you die (O.C.G.A. 44-17-3). You need only the capacity to enter into a contract, but an attorney in fact may not sign the deed for you. No transfer tax declaration form is filed with the deed itself.

6. 6

   Revocation is by recorded instrument only: an instrument of revocation referring to the original deed and attested as the statute requires, a later transfer-on-death deed, or a revocation written into another recorded conveyance. A will cannot revoke it, and your beneficiary never has to sign, consent, or be notified (O.C.G.A. 44-17-4).

7. 7

   If a grantee beneficiary dies before you, that share lapses and is split evenly among the remaining beneficiaries living at your death rather than reverting to your estate (O.C.G.A. 44-17-5). A joint owner can use the deed, but title vests only if that owner is the last of the joint owners to die (O.C.G.A. 44-17-6).

Georgia Requirements for Transfer on Death Deed

• Use Substantially the Statutory Form

  Georgia requires a transfer-on-death deed in substantially the form set out at O.C.G.A. 44-17-3, including the all-capitals legend stating that the deed is revocable and transfers no ownership until the death of the grantor.

• Legal Description With Deed Book and Page

  The full legal description from the current recorded deed, the street address, the tax parcel number, and the deed book and page number. The beneficiary acceptance affidavit has to recite the deed book and page later, so capture it now.

• Name Grantee Beneficiaries and Alternates

  The full legal name of each designated grantee beneficiary, plus any alternate contingent on a primary beneficiary dying first or dying during the acceptance period. A beneficiary may be a natural person, a trustee of an express trust named as trustee, or another legal entity.

• Record Owner Signs in Person

  The record owner must sign the deed. An attorney in fact is not authorized to execute a transfer-on-death deed on behalf of a record owner (O.C.G.A. 44-17-2). The capacity needed is the capacity to enter into a contract.

• Attestation Block From the Statutory Form

  The statutory form has the grantor sign under seal above the words Signed, sealed, declared and delivered in the presence of, followed by a line for an unofficial witness and a line for a notary public. Confirm the attestation your clerk of superior court expects before recording.

• Record With the Clerk of Superior Court Before Death

  The deed must be executed, attested and recorded in the office of the clerk of superior court of the county where the real estate is located, prior to the death of the record owner (O.C.G.A. 44-17-3). No transfer tax declaration form is filed with the deed.

• Plan the Nine-Month Acceptance Step

  Tell the beneficiary what is required. For a record owner dying on or after July 1, 2026, the acceptance affidavit, a copy of the death certificate and a real estate transfer tax declaration form must be recorded within nine months of the death or the interest reverts to the estate (O.C.G.A. 44-17-2).

• Revoke Only by Recorded Instrument

  Revocation requires a recorded instrument referring to the original deed, a later recorded transfer-on-death deed, or a revocation included in another recorded conveyance (O.C.G.A. 44-17-4). A will cannot revoke it, and no beneficiary signature or notice is needed.