Georgia Affidavit of Acceptance of Transfer-on-Death

Georgia TOD Acceptance Affidavit — What This Package Is For

A Georgia affidavit of acceptance is used after the record owner’s death by a designated grantee beneficiary accepting Georgia real property under a previously recorded Georgia transfer-on-death deed.

This is a post-death, deed-adjacent recording document. It is not the transfer-on-death deed itself, not a probate petition, and not a substitute for probate or title counsel when beneficiary, estate, creditor, trust, minor, or capacity issues are present.

What You Receive

• Editable Georgia TOD Acceptance Affidavit: a Word document for beneficiary acceptance after the record owner’s death, with TOD deed reference, death information, beneficiary information, property description, and affidavit sections.
• Separate instructions and recording checklist: a Word checklist covering timing, death certificate attachment, PT-61/exemption reporting, recording, and stop conditions.

Deadline and Recording Notes

• Nine-month deadline: for deaths on or after July 1, 2024, the affidavit and required materials must be recorded within nine months after death or the interest can revert to the estate.
• Recorded TOD deed required: this affidavit is for a beneficiary named in a Georgia TOD deed that was recorded before the owner’s death.
• PT-61: current guidance indicates a PT-61 real estate transfer tax declaration accompanies the acceptance step; confirm exemption/value and filing requirements before recording.
• Professional review: trust, entity, minor, estate, disputed-beneficiary, death-certificate, creditor, Medicaid, tax, and probate issues should be reviewed before filing.