Georgia Transfer-on-Death Deed

Georgia is one of the newer states to allow this tool — it only became available on July 1, 2024. Here's exactly how it works, and what it doesn't cover.

A new Georgia option, effective July 1, 2024

Under O.C.G.A. § 44-17-1 et seq., a Georgia property owner can now record a transfer-on-death deed (TODD) naming a beneficiary who receives the real estate automatically at death, entirely outside probate. Georgia adopted this later than most states that have one — before July 1, 2024, the only route to that outcome was a properly worded survivorship deed (see our guide to Georgia joint property rules) or a living trust.

The owner keeps full control while alive

Recording a TOD deed changes nothing about the owner's rights during life. The owner can sell the property, refinance it, mortgage it, or simply change their mind — the deed is fully revocable, typically by recording a later TOD deed or a formal revocation before death. The named beneficiary doesn't sign the deed, doesn't need to consent to it, and has no enforceable interest in the property until the owner actually dies.

What the beneficiary must do after death

The transfer isn't automatic on paper the way it is in substance. After the owner's death, the beneficiary must record an acceptance affidavit — along with a certified copy of the owner's death certificate — with the clerk of superior court in the county where the property sits. That recording is what actually clears title into the beneficiary's name; skipping it leaves the property in limbo rather than in probate, so it's a step worth doing promptly rather than an optional formality.

Who can't use it

The owner must sign the deed personally, with the same legal capacity Georgia requires to enter into a contract. An agent acting under a power of attorney is specifically barred from executing a TOD deed on someone else's behalf — there's no shortcut through an agent for a person who's already lost the capacity to sign for themselves.

How it compares to a survivorship deed

Both a TOD deed and a properly worded joint-tenancy-with-survivorship deed keep real estate out of Georgia probate, but they work differently. A survivorship deed makes the second person a co-owner immediately, with rights during the first owner's life. A TOD deed gives the beneficiary no rights at all until death — useful for someone who wants to name an heir without giving up any control, or without adding a co-owner whose own creditors or divorce could complicate the title in the meantime.

Georgia transfer-on-death deed — frequently asked questions

When did Georgia's transfer-on-death deed become available?

July 1, 2024. Georgia added the transfer-on-death deed under O.C.G.A. Section 44-17-1 et seq., making it one of the newer states to offer this tool — most other states adopted a version years earlier.

Does a Georgia transfer-on-death deed need the beneficiary's consent?

No. The owner signs and records it alone; the beneficiary doesn't sign, doesn't need to know about it in advance, and has no legal interest in the property until the owner's death.

Can the owner sell the property after recording a Georgia TOD deed?

Yes. The owner keeps full control during life — selling, refinancing, or mortgaging the property normally — and can revoke the transfer-on-death deed at any time before death, typically by recording a later deed or a revocation.

What must the beneficiary do after the owner dies?

Record an affidavit accepting the transfer, along with a certified copy of the owner's death certificate, with the clerk of superior court in the county where the property is located. Until that's recorded, title doesn't clear in the beneficiary's name.

Can an agent under a power of attorney sign a Georgia TOD deed for someone else?

No. Georgia's statute specifically bars an attorney-in-fact from executing a transfer-on-death deed on the owner's behalf — the owner must sign it personally, with the same legal capacity required to enter into a contract.

This page provides general guidance only and is not legal advice. Figures and rules are based on Georgia statute (O.C.G.A. § 44-17-1 et seq.), verified per our methodology. This is a recently enacted law; confirm current recording requirements with the county Clerk of Superior Court or a licensed Georgia attorney before acting.