For most Fulton 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 Fulton 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 Fulton County home out of probate are a transfer-on-death deed recorded with the Clerk of Superior and Magistrate Courts, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Fulton County property passes through the Probate Court — even simple Georgia probates run 6+ months and start with $209 in filing fees.
A transfer-on-death deed names a beneficiary who receives Fulton County property automatically at the owner's death, without probate. It is recorded with the Clerk of Superior and Magistrate Courts 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 Fulton County are recorded with the Clerk of Superior and Magistrate Courts, led by Che' Alexander, at 136 Pryor Street SW, Suite C155 J2-101, Atlanta, GA 30303. Phone: 404-613-5313. Hours: Monday - Friday, 8:30 AM - 5:00 PM.
The Clerk of Superior and Magistrate Courts charges $25 flat, regardless of page count. Recording a 2-page transfer-on-death deed in Fulton County comes to $25. A transfer-on-death deed is exempt from transfer tax.
Fulton County requires electronic recording through GSCCCA eFile Portal; paper documents are not accepted.
Recording Office Record
Fulton County · Che' Alexander
Address
Phone
Fax
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
FirmAtlanta, GA
Serves Atlanta, Georgia, along with Fulton County, Cobb County, Cherokee County, Forsyth County, DeKalb County, Gwinnett County, and Douglas County.
PracticesEstate PlanningTrust AdministrationProbate Administration
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Family-operated Atlanta firm on North Druid Hills Road serving Fulton, DeKalb, Cobb, and Gwinnett counties. Its probate practice covers probate in solemn form (formal, with heir notification), probate in common form, and letters of administration for intestate estates, alongside estate and trust administration.
PracticesEstate PlanningTrust AdministrationProbate Administration
FirmAtlanta, GA
An Atlanta firm on Auburn Avenue handling estate planning, probate administration, and guardianship and conservatorship matters. Attorney Althea DeBarr-Johnson, in private practice since 1997, also serves as a professional fiduciary acting as conservator, administrator, or trustee.
PracticesEstate PlanningConservatorshipGuardianshipProbate Administration
FirmMarietta, GA
A Marietta firm near Marietta Square handling estate matters before the Cobb County Probate Court for clients across Cobb and north metro Atlanta. Prepares wills, revocable living trusts, and powers of attorney, and represents executors and families through probate, estate administration, and adult guardianship.
PracticesEstate PlanningConservatorshipProbate AdministrationWills Trusts
Solo PracticeJohns Creek, GA
A Johns Creek estate planning firm serving individuals, families, and small business owners with wealth preservation, trusts, special needs planning, wills, probate, and elder law services.
PracticesEstate PlanningTrust AdministrationElder LawSpecial Needs Planningand 3 more
FirmLawrenceville, GA
Serves Gwinnett County and metro Atlanta with estate planning, probate, estate administration, asset protection, and guardianship services.
PracticesEstate PlanningConservatorshipGuardianshipSpecial Needs Planningand 3 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 Fulton 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.
