For most Madison 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 Madison 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 Madison 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.
Skipping this planning step means the Probate Court decides who receives the property: a simple Georgia probate takes 6+ months and opens with about $175 in court filing fees.
A transfer-on-death deed names a beneficiary who receives Madison 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 Madison County are recorded with the Clerk of Superior Court, led by Katie Cross, at 91 Albany Avenue, Danielsville, GA 30633. Phone: 706-795-6310. Hours: Monday - Friday, 8:00 AM - 5:00 PM.
The Clerk of Superior Court charges $25 flat, regardless of page count. A 2-page transfer-on-death deed costs $25 to record in Madison County. A transfer-on-death deed is exempt from transfer tax.
Madison County requires electronic recording through GSCCCA eFile Portal; paper documents are not accepted.
Recording Office Record
Madison County · Katie Cross
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
FirmCommerce, GA
A Commerce civil litigation firm serving Jackson, Banks, Madison, Clarke, and Hall counties. Handles probate and estate administration, will disputes and contests, and year's support petitions, along with estate planning.
PracticesEstate PlanningProbate Administration
FirmToccoa, GA
A Toccoa firm serving Stephens, Habersham, Rabun, Franklin, Hart, and surrounding northeast Georgia counties. Handles will probate proceedings, administration of estates for those who died without a will, will-validity contests, and disputes among heirs and beneficiaries, including complications from estate debts and creditors. Founded in 1972.
PracticesEstate PlanningProbate AdministrationReal Estate
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 Madison 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.
