Free Georgia Affidavit of Death

In Georgia, a surviving joint owner records the “Affidavit of proof of death”; a transfer on death deed beneficiary records the “Designated grantee beneficiary affidavit”, which the state makes a condition of the transfer.

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Who may sign in Georgia: Any person, whether connected with the chain of title or not.

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The state whose land records the affidavit is recorded in. Only states where this tool prepares the affidavit are listed.

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Joint ownership with right of survivorshipTransfer on death deed

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The “Affidavit of proof of death”: Georgia law lets any person record a sworn affidavit stating the fact or date of a joint tenant's death, captioned with the current owner and the recorded deed. No statute requires it before the survivor holds title, and no deadline applies. A surviving joint owner records it with the county recording office, and the prepared document is laid out for recording.

Who may sign, in the statute's words: Any person, whether connected with the chain of title or not. The affidavit is sworn before a notary public, who completes the jurat.

It states: the fact or date of death of the deceased joint tenant, a person connected with the title; a caption referring to the current owner of the land; a caption referring to a deed or other recorded instrument in the chain of title of the land (the deed that created the joint tenancy).

Recording is not a condition of the transfer: title passed at the death under the instrument.

The “Designated grantee beneficiary affidavit”: In Georgia each transfer on death deed beneficiary signs an affidavit with a copy of the death certificate attached, and ownership passes only once it is signed and recorded with the clerk of superior court. For an owner who dies on or after July 1, 2026, no recording deadline applies. Who signs: Each designated grantee beneficiary accepting the interest, as a sui juris individual, a trustee or a legal entity the individual has authority over; a legal guardian or legal conservator accepts for a ward or minor. One beneficiary does not accept for another. The document is prepared on that basis as well.

The Affidavit of Death in Georgia

Georgia's instrument for a joint owner's death is the “Affidavit of proof of death”, recorded by a surviving joint owner with the county recording office. What it does: Georgia law lets any person record a sworn affidavit stating the fact or date of a joint tenant's death, captioned with the current owner and the recorded deed. No statute requires it before the survivor holds title, and no deadline applies.

The affidavit is sworn before a notary public, who completes the jurat. Who may make it: Any person, whether connected with the chain of title or not.

What the statute has it state: the fact or date of death of the deceased joint tenant, a person connected with the title; a caption referring to the current owner of the land; a caption referring to a deed or other recorded instrument in the chain of title of the land (the deed that created the joint tenancy).

Recording is not a condition of the transfer; title passed at the death under the instrument, and the affidavit puts the death on the record.

A transfer on death deed beneficiary records the “Designated grantee beneficiary affidavit”: In Georgia each transfer on death deed beneficiary signs an affidavit with a copy of the death certificate attached, and ownership passes only once it is signed and recorded with the clerk of superior court. For an owner who dies on or after July 1, 2026, no recording deadline applies. The document is prepared on that basis as well.

SimplyTrust Editorial·Updated October 26, 2026

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Data sourced from Georgia statutes and official state code. How we research.

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Free Georgia Affidavit of Death

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The Affidavit of Death in Georgia

The affidavit is sworn before a notary public, who completes the jurat. Who may make it: Any person, whether connected with the chain of title or not.

Recording is not a condition of the transfer; title passed at the death under the instrument, and the affidavit puts the death on the record.

Free Georgia Affidavit of Death

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Free Georgia Affidavit of Death

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