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.
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 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 Henry County are recorded with the Clerk of Superior Court, led by Sabriya Hill, at 1 Courthouse Square, McDonough, GA 30253. Phone: 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 GSCCCA eFile Portal; paper documents are not accepted.
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.
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