For most Clayton County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Clayton County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Probate Court. The two tools that keep a Clayton County home out of probate are a transfer-on-death deed recorded with the Clerk of Superior Court, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Clayton County property passes through the Probate Court — even simple Georgia probates run 6+ months and start with about $175 in filing fees.
A transfer-on-death deed names a beneficiary who receives Clayton County property automatically at the owner's death, without probate. It is recorded with the Clerk of Superior Court during the owner's lifetime and can be revoked at any time.
Before recording, a Georgia transfer-on-death deed is signed with 1O.C.G.A. 44-17-1 to 44-17-7Verified Aug 24, 2026View source witness and attestation by a notary as official witnessO.C.G.A. 44-17-1 to 44-17-7Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathO.C.G.A. 44-17-1 to 44-17-7Verified Aug 24, 2026View source.
Deeds and other real property documents for Clayton County are recorded with the Clerk of Superior Court, led by Chanae Q. Clemons, at 9151 Tara Boulevard, Room 1CL25, Jonesboro, GA 30236. Phone: 770-477-4565. Hours: Monday - Friday, 8:00 AM - 5:00 PM.
The Clerk of Superior Court charges $25 flat, regardless of page count. Recording a 2-page transfer-on-death deed in Clayton County comes to $25. A transfer-on-death deed is exempt from transfer tax.
Clayton County requires electronic recording through GSCCCA eFile Portal; paper documents are not accepted.
Recording Office Record
Clayton County · Chanae Q. Clemons
Address
Phone
Hours
E-recording
Recording fees
| Flat fee (any length) | $25 |
| Transfer tax on a TOD deed | Exempt |
O.C.G.A. 15-6-77(f)(1)(A)(i)
Verified September 4, 2026 · Source
FirmJonesboro, GA
A Jonesboro firm on S. McDonough Street serving Clayton County families. Prepares wills, minor and contingent trusts, living trusts, advance directives for health care, and financial powers of attorney, and can complete simple plans the same day. Also handles business law, litigation, and local government work.
PracticesEstate PlanningWills Trusts
FirmJonesboro, GA
A family law firm with offices in Jonesboro and Fayetteville that also handles probate, adult and minor guardianships and conservatorships, and estate planning. Probate work covers estate administration and distribution of assets, and planning work covers wills, powers of attorney, and advance health care directives.
PracticesEstate PlanningConservatorshipGuardianshipProbate AdministrationWills Trusts
FirmStockbridge, GA
A Stockbridge estate planning and elder law firm, with a second office in Peachtree City, serving the Atlanta area since 1991. Represents executors in probate and trustees in trust administration, and handles Medicaid planning, guardianship and conservatorship proceedings, and special needs planning.
PracticesEstate PlanningTrust AdministrationElder LawGuardianshipand 4 more
FirmLawrenceville, GA
A Lawrenceville probate and estate litigation firm handling probate matters across Georgia. Opens estate administrations, challenges wills in jury trials, litigates life-insurance and retirement-account ownership disputes and trust and estate disputes, mediates probate disputes, and files guardianship and conservatorship petitions.
PracticesEstate PlanningTrust AdministrationProbate LitigationConservatorshipand 2 more
FirmMcDonough, GA
A south metro Atlanta firm with offices in Stockbridge, McDonough, Jackson, Barnesville, Peachtree City, and Griffin. Handles estate administration and probate, estate litigation, guardianships and conservatorships, and powers of attorney, and establishes revocable living, special needs, marital, and irrevocable life insurance trusts.
PracticesEstate PlanningTax PlanningConservatorshipGuardianshipand 2 more
FirmValdosta, GA
A Valdosta-founded firm, with offices in Atlanta and Jacksonville, Florida, practicing since 1937. Its Estate & Private Wealth group handles trust and estate planning, estate and trust administration, guardianships, conservatorships, and probate controversies.
PracticesEstate PlanningTrust AdministrationProbate LitigationConservatorshipand 2 more
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from Georgia statutes and official state code. How we research.
Estate planning articles for Georgia.
Forms and tools for property owners in Clayton County.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Create a free, state-specific will with witness and notarization requirements included.
Transfer assets to your existing trust. State execution requirements included.
Transfer real property to a beneficiary upon your death without probate.
Designate someone to make medical decisions on your behalf.
Designate someone to manage your financial affairs.
Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.
Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.
Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
Estate planning articles for Georgia.
