Georgia Transfer-on-Death Deed

Georgia Transfer-on-Death Deed — What This Package Is For

A Georgia transfer-on-death deed lets a record owner name a designated grantee beneficiary for Georgia real property while keeping full ownership during life. The beneficiary receives no present ownership interest, does not need to sign during the owner’s life, and takes only if the deed is properly executed, attested, and recorded before the owner’s death.

This is a Georgia Chapter 44-17 statutory transfer-on-death deed. It is not a will, not a Lady Bird or enhanced life estate deed, not a reserved life estate deed, and not an ordinary sale deed.

What You Receive

• Editable Georgia Transfer-on-Death Deed: a Word document using Georgia statutory-form TOD deed language, with record-owner, beneficiary, property, execution, and Exhibit A sections.
• Separate instructions and recording checklist: a Word checklist covering lifetime recording, signing personally, witness requirements, post-death acceptance, PT-61 guidance, and stop conditions.

Key Georgia TOD Points

• Record before death: the deed must be recorded with the Clerk of Superior Court before the record owner dies. An unrecorded TOD deed is ineffective.
• Sign personally: the record owner should sign personally; do not use an attorney-in-fact path without Georgia counsel.
• Witnesses: a Georgia TOD deed follows the ordinary deed attestation structure: authorized officer plus one unofficial witness physically present at signing. The officer and unofficial witness should be different people, and neither should be the beneficiary.
• After death: for deaths on or after July 1, 2024, the beneficiary acceptance affidavit and related materials must be recorded within nine months or the interest can revert to the estate.
• Planning review: Medicaid, creditors, spouse rights, trust/entity/minor beneficiaries, tax, title, lender, and pending-law issues can be fact-specific.