Georgia Gift Deed

Georgia Gift Deed — What This Package Is For

Use a Georgia gift deed for a voluntary transfer of Georgia real property when no sale price is intended and the parties understand that the deed provides no covenant or warranty of title, express or implied.

A gift deed can be useful in selected family or estate-planning transfers, but it can also affect taxes, basis, Medicaid planning, creditor rights, lender rights, title insurance, and future resale. Review those issues before signing.

What You Receive

• Editable Georgia Gift Deed: a Word document for voluntary no-warranty gift transfers, with grantor/grantee, consideration, exceptions, vesting, execution, and Exhibit A legal-description sections.
• Separate instructions and recording checklist: a Word checklist covering gift-deed use limits, signing, PT-61/eFiling, prompt recording, tax/Medicaid/creditor cautions, and stop conditions.

Gift, Tax, Medicaid, and Recording Cautions

• No title warranty: the form states that the transfer is without covenant or warranty of title, express or implied.
• Witnesses: ordinary Georgia deed attestation requires an authorized officer plus one unofficial witness physically present at signing. The officer and unofficial witness should be different people, and neither should be a party or beneficiary.
• Tax and basis: gifts can involve federal gift-tax reporting and carryover-basis consequences; get tax advice before signing.
• Medicaid and creditors: gift transfers can affect Medicaid/lookback planning, estate recovery, creditor claims, undue-influence challenges, and lender due-on-sale issues.
• Prompt recording: Georgia voluntary deeds should be recorded promptly; an unrecorded gift deed can be vulnerable against a later bona fide purchaser.
• PT-61/eFiling: PT-61 filing is generally still required even when an exemption applies, and consideration/value must still be declared.