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Georgia Warranty Deed

A Georgia warranty deed guarantees clear title and defends the buyer against claims. Record it with the clerk of the superior court. Attorney review available.

Introduction

Georgia adds no implied warranty of title to a land sale (O.C.G.A. Section 44-5-61), so the buyer's protection rests entirely on the deed's express general warranty against all persons, carrying covenants of a right to sell, quiet enjoyment, and freedom from encumbrances (Section 44-5-62). That title guarantee is what separates it from a quitclaim deed, which promises nothing and passes only whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property; a special or limited warranty deed covers only problems created during the seller's own ownership. Georgia matters here because Georgia is a true warranty-deed state, not a grant-deed state: its standard reliable sale instrument is a warranty deed, and Georgia codifies what that warranty means. Under O.C.G.A. Section 44-5-62, a general warranty of title against the claims of all persons includes covenants of a right to sell, of quiet enjoyment, and of freedom from encumbrances, and Section 44-5-63 says that warranty covers defects even if the buyer knew of them. Georgia adds no implied warranty of title to a land sale (Section 44-5-61), so the buyer's protection depends on the express covenants written into the deed. You record the signed, attested deed with the clerk of the superior court of the county where the land is located (Section 44-2-1). DocDraft builds your Georgia deed from your facts, with attorney review available before you record.

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Key Things to Know

  1. 1

    A warranty deed gives the buyer the strongest title protection. Georgia adds no implied warranty of title to a land sale (O.C.G.A. Section 44-5-61), so protection depends on the deed's express general warranty against all persons (Section 44-5-62).

  2. 2

    Georgia is a warranty-deed state, not a grant-deed state. A general warranty of title against the claims of all persons includes covenants of a right to sell, of quiet enjoyment, and of freedom from encumbrances (O.C.G.A. Section 44-5-62). Georgia adds no implied warranty of title to a land sale (Section 44-5-61), so protection rests on the express covenants in the deed.

  3. 3

    A Georgia general warranty covers title defects even if the buyer knew about them when they took the deed (O.C.G.A. Section 44-5-63), and the warranty covenants pass with the land to later purchasers (Section 44-5-60). A quitclaim deed carries none of this.

  4. 4

    You record the signed deed with the clerk of the superior court of the county where the land is located (O.C.G.A. Section 44-2-1). Georgia follows a race-notice priority rule, so a deed recorded first generally defeats a later one taken in good faith without notice (Section 44-2-2). Record promptly.

  5. 5

    A Georgia deed must be signed by the maker, attested by an officer such as a notary public, AND attested by one other witness (O.C.G.A. Section 44-5-30; Section 44-2-15). Georgia is an attestation state: a deed signed before a notary alone, with no second witness, does not meet the statute.

  6. 6

    Georgia charges a real estate transfer tax of 1 dollar for the first 1,000 dollars of the sale price plus 10 cents for each additional 100 dollars, the seller is liable, and the tax must be paid before the deed can be recorded, with a PT-61 transfer tax declaration filed with the deed (O.C.G.A. Section 48-6-1; Section 48-6-4; Georgia Department of Revenue).

  7. 7

    A limited or special warranty deed warrants only against claims arising through the seller's own ownership, not defects predating it, so it gives less protection than a general warranty deed. Georgia abolished dower and curtesy, so a non-owner spouse need not join to convey the titled spouse's separate real property (O.C.G.A. Section 53-1-3).

Key decisions before you file

Before you file a Warranty Deed in Georgia, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.

Open the Warranty Deed guide

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GEORGIA GENERAL WARRANTY DEED (General warranty of title; O.C.G.A. Section 44-5-62 and Section 44-5-30)

AFTER RECORDING RETURN TO: [NAME AND MAILING ADDRESS] (O.C.G.A. Section 44-2-14(b) requires this at the top of the first page.)

REAL ESTATE TRANSFER TAX: A PT-61 declaration must be filed and the transfer tax paid before recording (O.C.G.A. Section 48-6-4).

STATE OF GEORGIA, COUNTY OF [COUNTY]

  1. GRANTOR. This Warranty Deed is made on [DATE] by [GRANTOR NAME], of [ADDRESS] (Grantor).

  2. GRANTEE. To [GRANTEE NAME], of [ADDRESS] (Grantee).

  3. CONSIDERATION AND GRANT. For and in consideration of [AMOUNT] dollars and other good and valuable consideration, receipt of which is acknowledged, Grantor has granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell, and convey unto Grantee, and Grantee's heirs, successors, and assigns, the following described real property.

  4. PROPERTY. All that tract or parcel of land lying and being in [COUNTY] County, Georgia, described as: [INSERT LEGAL DESCRIPTION; attach Exhibit A if lengthy], together with all improvements and appurtenances.

  5. WARRANTY COVENANT. Grantor warrants and will forever defend the right and title to the property unto Grantee against the claims of all persons whomsoever. Under O.C.G.A. Section 44-5-62, this general warranty of title includes covenants of a right to sell, of quiet enjoyment, and of freedom from encumbrances, and it covers defects in the title even if known to Grantee (Section 44-5-63). (For a limited warranty, replace this clause with a covenant to warrant and defend only against claims arising by, through, or under Grantor.)

  6. EXECUTION. Georgia requires the deed to be signed by the maker, attested by an officer, and attested by one other witness (O.C.G.A. Section 44-5-30). Signed, sealed, and delivered in the presence of the officer and the witness below.

_____________________________ (Seal) [GRANTOR NAME], Grantor

Unofficial Witness: _____________________________

Attesting Officer (Notary Public): _____________________________ My commission expires: ____________ [Notary Seal]

Note: This is a Georgia general warranty deed, the state's standard title-transfer instrument. Georgia is a warranty-deed state and does not use a California-style grant deed. Georgia prescribes no required deed form (O.C.G.A. Section 44-5-33), so the warranty is stated in the deed's own words, but Section 44-5-62 fixes what a general warranty of title means: covenants of a right to sell, of quiet enjoyment, and of freedom from encumbrances. Those covenants pass with the land to later purchasers (Section 44-5-60) and cover defects even if the buyer knew of them (Section 44-5-63). A Georgia deed needs both an attesting officer (such as a notary) and one other witness (Section 44-5-30); a notary alone is not enough. Record the signed, attested deed with the clerk of the superior court of the county where the land sits (Section 44-2-1), after paying the transfer tax and filing the PT-61 (Section 48-6-4). Georgia follows a race-notice rule, so recording first protects a good-faith buyer (Section 44-2-2); the transfer tax is 1 dollar for the first 1,000 dollars of price plus 10 cents for each additional 100 dollars (Section 48-6-1). Georgia abolished dower and curtesy, so a non-owner spouse need not join to convey the titled spouse's separate property (Section 53-1-3). Confirm current recorder formatting and fees with your county. For the generic template and other states, see the full Warranty Deed template hub.

Once your Warranty Deed is ready, you can check whether it needs to be notarized in Georgia in about a minute, and notarize it online through DocDraft if it does.

Georgia Requirements for Warranty Deed

Title Guarantee and Covenants

A warranty deed guarantees clear title and defends the buyer against claims. Georgia codifies the guarantee: a general warranty of title against the claims of all persons includes covenants of a right to sell, of quiet enjoyment, and of freedom from encumbrances (O.C.G.A. Section 44-5-62). Georgia adds no implied warranty of title to a land sale (Section 44-5-61), so the buyer's protection depends on the express covenants written into the deed.

General vs Limited Warranty Deed

Georgia is a warranty-deed state, not a grant-deed state. A general warranty deed warrants title against all claims, including defects predating the seller, and covers defects even if the buyer knew of them (O.C.G.A. Section 44-5-63); those covenants pass with the land (Section 44-5-60). A limited or special warranty deed warrants only against claims arising through the seller's own ownership. A quitclaim gives no covenants.

Record with the Clerk of Superior Court

Record the signed, attested deed with the clerk of the superior court of the county where the land is located (O.C.G.A. Section 44-2-1). Georgia follows a race-notice priority rule, so a deed recorded first generally prevails over a later one taken in good faith and without notice (Section 44-2-2). Record promptly to protect your interest.

Officer Attestation Plus One Witness

A Georgia deed must be signed by the maker, attested by an officer such as a notary public, AND attested by one other witness (O.C.G.A. Section 44-5-30; Section 44-2-15). Georgia is an attestation state: a deed signed before a notary alone, with no second witness, does not meet the statute. Confirm both the officer and the witness sign before recording.

Real Estate Transfer Tax and PT-61

Georgia charges a real estate transfer tax of 1 dollar for the first 1,000 dollars of the sale price plus 10 cents for each additional 100 dollars (O.C.G.A. Section 48-6-1). The seller is liable, and the tax must be paid with a PT-61 transfer tax declaration before the deed can be recorded (Section 48-6-4). Deeds of gift, spousal transfers in a divorce, and security deeds can be exempt with the proper recital (Section 48-6-2).

Legal Description and Parties

Identify the grantor and grantee, state the consideration, and include the full legal description of the property (not just the street address or parcel number). The name and mailing address of the person the deed is returned to must appear at the top of the first page (O.C.G.A. Section 44-2-14(b)). Errors in the legal description or vesting are a common and costly source of later title problems, so confirm both against the current deed.

Covenants Run With the Land

A general warranty of title covers defects even if the buyer knew of them when taking the deed (O.C.G.A. Section 44-5-63), and the warranty covenants pass with the land to later purchasers unless expressly prohibited (Section 44-5-60). This is why a general warranty deed gives lasting, transferable protection that a quitclaim or non-warranty deed cannot.

Choosing the Instrument, No Spousal Joinder

Choose the deed to match the protection intended. A general warranty deed warrants title against all claims and is the standard Georgia sale instrument. A limited warranty deed covers only the seller's own ownership; a quitclaim gives no covenants. Georgia abolished dower and curtesy, so a non-owner spouse need not join to convey the titled spouse's separate real property (O.C.G.A. Section 53-1-3).

Does your Warranty Deed need to be notarized in Georgia?

Whether a Warranty Deed needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

A warranty deed guarantees the seller holds clear title and will defend the buyer against claims to the property. A quitclaim deed, which Georgia also calls a non-warranty deed, makes no promises at all; it passes only whatever interest the seller actually has. Georgia codifies the difference: there is no implied warranty of title in a land sale (O.C.G.A. Section 44-5-61), so a general warranty deed adds express covenants of a right to sell, quiet enjoyment, and freedom from encumbrances (Section 44-5-62), while a quitclaim adds none.

Under O.C.G.A. Section 44-5-62, a general warranty of title against the claims of all persons includes covenants of a right to sell, of quiet enjoyment, and of freedom from encumbrances. Section 44-5-63 adds that the warranty covers title defects even if the buyer knew of them when taking the deed, and Section 44-5-60 lets those covenants pass with the land to later owners. In short, a Georgia general warranty deed guarantees clear title against all claims, including ones predating the seller, and backs it with a duty to defend.

Georgia uses a warranty deed. Unlike California, Georgia has no grant deed. The georgia.gov guidance treats warranty and limited warranty deeds as the reliable instruments because they carry a covenant proving the grantor owns the land, while a quitclaim gives no such assurance. Georgia does not prescribe a required deed form (O.C.G.A. Section 44-5-33), so the deed states the warranty in its own words, but Georgia codifies what a general warranty of title means in Section 44-5-62.

You record the signed, attested deed with the clerk of the superior court of the county where the land is located (O.C.G.A. Section 44-2-1). The real estate transfer tax must be paid and a PT-61 declaration filed before the deed can be recorded (Section 48-6-4). Georgia follows a race-notice priority rule, so a deed recorded first generally defeats a later one taken in good faith without notice (Section 44-2-2), which is why you should record promptly.

Georgia does not require an attorney to prepare a deed, though a licensed attorney customarily handles the closing itself in Georgia real estate transactions. Because a deed transfers title and a mistake in the legal description, the covenants, or the witnessing can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your Georgia deed from your facts, with attorney review available as an option before you record.

Both. A Georgia deed must be signed by the maker, attested by an officer such as a notary public, AND attested by one other witness (O.C.G.A. Section 44-5-30; Section 44-2-15). Georgia is an attestation state, so the notary signs as an official attesting witness rather than taking a separate acknowledgment. A Georgia deed signed before a notary alone, with no second witness, does not meet the statute, so make sure both signatures are present before recording.

Usually yes when the property is sold. Georgia charges a real estate transfer tax of 1 dollar for the first 1,000 dollars of the sale price plus 10 cents for each additional 100 dollars (O.C.G.A. Section 48-6-1). The seller is liable, and the tax must be paid with a PT-61 declaration before the deed can be recorded (Section 48-6-4; Georgia Department of Revenue). Deeds of gift, transfers between spouses in a divorce, and security deeds can be exempt with the proper recital (Section 48-6-2).

A general warranty deed warrants title against the claims of all persons and carries the full covenants of O.C.G.A. Section 44-5-62, covering even defects that arose before the seller owned the land. A special or limited warranty deed, which georgia.gov calls a limited warranty deed, warrants only against claims arising through the seller's own ownership, so it does not cover older defects. A quitclaim gives no covenants at all. The reason for the transfer usually points to the right one.