Free Georgia Transfer on Death Deed

In Georgia, a transfer-on-death deed is signed before a notary and 1 witness, then recorded with the county before the owner's death.

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Owner Information

Enter your information as the property owner (transferor). If the property is jointly owned, you’ll add the second owner below.

How is the property owned?*

Choose “Jointly owned” if two people are on the title (e.g. spouses as joint tenants or tenants by the entirety). Both owners must sign.

I am the sole ownerJointly owned with one other person

First Name*

Middle Name

Last Name*

Street Address*

City*

State*

ZIP Code*

State Where Property Is Located*

County Where Property Is Located*

Email Address*

Phone Number*

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Georgia provides a statutory form, and a deed in substantially that form is accepted. The deed carries the notice the statute requires: "THIS TRANSFER-ON-DEATH DEED IS REVOCABLE. IT DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE GRANTOR."

A Georgia transfer-on-death deed is recorded with the Clerk of Superior Court for the county where the property sits and must be on record before the owner's death to take effect. The deed must be recorded in the office of the clerk of superior court in the county where the property is located before the record owner's death. No deadline in days after execution. O.C.G.A. 44-17-2(a)(1); 44-17-3.

Co-owners may sign one deed together. The deed is signed by every owner whose interest it transfers.

Georgia lapses the share of a beneficiary who dies before the owner. The deed can name a successor beneficiary to take in that case. If a designated beneficiary does not survive the owner, or dies after the owner but before accepting the property, the alternate grantee beneficiary designated in this deed for that beneficiary, if any, takes that interest (O.C.G.A. 44-17-2(a)(5)(A)).

The beneficiary takes the property subject to the mortgages, liens and other encumbrances on it at death. A transfer-on-death deed does not by itself put the property beyond Georgia Medicaid estate recovery. Georgia defines the recoverable "estate" by regulation to include property passing by joint tenancy, right of survivorship, life estate, trust, annuity, IRA, homestead "or any other arrangement" — not only the probate estate. The deed moves this parcel alone; a revocable living trust set up with SimplyTrust carries the rest of the estate.

Georgia Transfer on Death Deed

Georgia authorizes transfer on death deeds: a property owner names a beneficiary who receives the property at death — bypassing probate entirely for that asset. The owner retains full control during their lifetime, including the right to revoke the deed at any time.

Without a TOD deed, real property in Georgia passes through probate — a process that takes at least 6 months for simple estates. A TOD deed removes that property from the probate estate entirely. Estates under $15,000 may qualify for simplified procedures, but a TOD deed avoids the process altogether. See the full cost breakdown with the probate calculator.

TOD deeds are a focused tool — one deed per property, covering only real estate. A revocable trust handles all assets and provides incapacity planning as well. The trust vs. will tool compares the two approaches side by side.

SimplyTrust Editorial·Updated October 17, 2026

Legal Sources

O.C.G.A. § 7-1-239
O.C.G.A. 44-17-1 to 44-17-7

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

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Georgia authorizes transfer on death deeds: a recorded, revocable deed that passes real property at death outside probate.

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Probate on a $500,000 estate in Georgia costs an estimated $38,748. Attorney fees run 2.1% to 3.4% of the estate under a reasonable-compensation standard.

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In-depth guides covering Georgia probate laws, trust requirements, and estate planning strategies.

Free Georgia Transfer on Death Deed

In Georgia, a transfer-on-death deed is signed before a notary and 1 witness, then recorded with the county before the owner's death.

Progress0%

Georgia Transfer on Death Deed

SimplyTrust Editorial·Updated October 17, 2026

Legal Sources

O.C.G.A. § 7-1-239
O.C.G.A. 44-17-1 to 44-17-7

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

Free Georgia Transfer on Death Deed

Owner Information

Is this your situation?

New Home

Retirement

Forms for Planning Your Estate in Georgia

Healthcare Power of Attorney

Financial Power of Attorney

Living Will

Last Will and Testament

Tools for Planning Your Estate in Georgia

Do I Need a TOD Deed?

Do I Need a Vehicle TOD?

What Does Estate Planning Actually Cost?

How Much Life Insurance Do I Need?

Are My Beneficiary Designations Protected?

How Do I Sign Estate Documents?

Will My Estate Documents Transfer?

How Much Does Probate Cost?

When you're ready, we're here.

Georgia Estate Planning Resources

Free Georgia Transfer on Death Deed

Owner Information