Estate Planning for Henry County, Georgia Property Owners

For most Henry 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.

Record a TOD deedWhere to recordLocal attorneys

For a Henry 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 Henry 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, Henry County property passes through the Probate Court — even simple Georgia probates run 6+ months and start with about $175 in filing fees.

Record a Transfer-on-Death Deed in Henry County

A transfer-on-death deed names a beneficiary who receives Henry 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 Oct 18, 2026 witness and attestation by a notary as official witnessO.C.G.A. 44-17-1 to 44-17-7Verified Oct 18, 2026. The deed takes effect only if it is recorded before the owner's deathO.C.G.A. 44-17-1 to 44-17-7Verified Oct 18, 2026.

Create a Georgia TOD deed →Henry County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Henry County are recorded with the Clerk of Superior Court at 1 Courthouse Square, McDonough, GA 30253. Phone: 1-770-288-8022. 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 Henry County comes to $25. A transfer-on-death deed is exempt from transfer tax.

Henry County requires electronic recording through the GSCCCA eFile Portal; paper documents are not accepted.

Recording Office Record

Clerk of Superior Court

Henry County

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

1 Courthouse Square, McDonough, GA 30253

Open in Google Maps

Fees

Recording fees

Flat fee (any length)$25
Transfer tax on a TOD deedTOD deeds are exempt from transfer tax

O.C.G.A. 15-6-77(f)(1)(A)(i)

Verified October 16, 2026 · Source

Estate Planning Attorneys Serving Henry County

FirmStockbridge, GA

Pyke, Presley & Associates, P.C.

Since 1991 · Serves 4 counties

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 AdministrationProbateElder Lawand 4 more

Office
340 Corporate Center CourtStockbridge, GA 30281

FirmMcDonough, GA

Smith, Welch, Webb & White

Serves 6 counties

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 PlanningProbateTax PlanningConservatorshipand 2 more

Office
2200 Keys Ferry CourtMcDonough, GA 30253

FirmValdosta, GA

Coleman Talley LLP

Since 1937 · Serves 1 county

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 AdministrationProbateProbate Litigationand 2 more

Office
109 South Ashley StreetValdosta, GA 31601

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.

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Legal Sources

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

Forms for Planning Your Estate in Georgia

Free forms for planning your estate in Georgia: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Georgia.

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Last Will and Testament

In Georgia, a will is signed before 2O.C.G.A. § 53-4-20Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyO.C.G.A. § 53-4-20Verified Oct 18, 2026View source.

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Codicil to a Will

In Georgia, a codicil is signed before 2O.C.G.A. § 53-4-20Verified Oct 18, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyO.C.G.A. § 53-4-24Verified Oct 25, 2026View source.

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Healthcare Power of Attorney

Georgia requires 2O.C.G.A. § 31-32-4Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredO.C.G.A. § 31-32-4Verified Oct 15, 2026View source.

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HIPAA Release

In Georgia, a HIPAA release names who may receive your records; the state regulates HIV/AIDS-related information, mental health records and substance abuse treatment recordsO.C.G.A. § 24-12-21 (disclosure of AIDS confidential information); surrogate authority O.C.G.A. § 31-32-7(e)(4); O.C.G.A. § 37-3-166(a) (release of mental health clinical records); surrogate authority O.C.G.A. § 31-32-7(e)(4); O.C.G.A. § 37-7-166 (release of alcohol/drug treatment clinical records); surrogate authority O.C.G.A. § 31-32-7(e)(4)Verified Jun 19, 2026View source above the federal rule, and the document carries each rule.

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Financial Power of Attorney

Georgia treats a power of attorney as durable by defaultO.C.G.A. §§ 10-6B-1 through 10-6B-81Verified Oct 22, 2026View source, and it is signed before 1O.C.G.A. §§ 10-6B-1 through 10-6B-81Verified Oct 21, 2026View source witness and a notary.

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Transfer on Death Deed

In Georgia, a transfer-on-death deed is signed before a notaryO.C.G.A. 44-17-1 to 44-17-7Verified Oct 18, 2026 and 1O.C.G.A. 44-17-1 to 44-17-7Verified Oct 18, 2026 witness, then recorded with the county before the owner's deathO.C.G.A. 44-17-1 to 44-17-7Verified Oct 18, 2026. Georgia does not recognize a Lady Bird deed.

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Living Will

In Georgia, the living will is the Georgia Advance Directive for Health CareO.C.G.A. Title 31, Chapter 32 (Georgia Advance Directive for Health Care Act), §§ 31-32-1 to 31-32-14Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.

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Pour-Over Will

In Georgia, a pour-over will is signed before 2O.C.G.A. § 53-4-20Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.

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Tools for Planning Your Estate in Georgia

Free tools for planning your estate in Georgia: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Georgia and read its answer.

How Do I Sign Estate Documents?

In Georgia, a will is signed before 2O.C.G.A. § 53-4-20Verified Oct 18, 2026View source witnesses, and notarization is not requiredO.C.G.A. § 53-4-20Verified Oct 18, 2026View source.

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Will My Estate Documents Transfer?

Georgia has no statute recognizing a will by the law of the place where it was signedO.C.G.A. §§ 53-5-31, 53-5-33, 53-5-34Verified Oct 18, 2026View source, so a will used here is tested against its own rule: 2O.C.G.A. § 53-4-20Verified Oct 18, 2026View source witnesses, and notarization is not requiredO.C.G.A. § 53-4-20Verified Oct 18, 2026View source.

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Trust or Will: Which Costs Less?

In Georgia, a will-based plan pays probate attorney fees of typically 2.1%Modeled estimate under O.C.G.A. § 53-7-6(4) (petition to the probate court for a judgment fixing the attorney's fees and expenses; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.4%Modeled estimate under O.C.G.A. § 53-7-6(4) (petition to the probate court for a judgment fixing the attorney's fees and expenses; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

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How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in Georgia runs $2,980Estimate: 10 hours at $298, Clio's Georgia Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,470Estimate: 15 hours at $298, Clio's Georgia Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

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How Much Does a Will Cost?

An attorney-prepared will in Georgia runs $1,146Estimate: 3 hours at $382, Clio's Georgia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,292Estimate: 6 hours at $382, Clio's Georgia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $38,748O.C.G.A. § 53-7-6(4) (petition to the probate court for a judgment fixing the attorney's fees and expenses; no statutory percentage)Verified Sep 8, 2026View source.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

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How Do I Name a Guardian for My Minor Children?

In Georgia, a parent names a guardian for a minor child in a will or a separate signed writingO.C.G.A. §§ 29-2-4, 29-2-16 (guardian of the person); §§ 29-3-5, 29-3-7 (conservator of the estate)Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18O.C.G.A. § 39-1-1Verified Sep 15, 2026View source.

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Do I Need a Revocable Trust?

Probate in Georgia takes 6 months to 9 months for a simple estate and charges attorney fees of typically 2.1%Modeled estimate under O.C.G.A. § 53-7-6(4) (petition to the probate court for a judgment fixing the attorney's fees and expenses; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.4%Modeled estimate under O.C.G.A. § 53-7-6(4) (petition to the probate court for a judgment fixing the attorney's fees and expenses; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.

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