For most Towns 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 Towns 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 Towns 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 Towns 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 Towns County are recorded with the Clerk of Superior Court, led by Eric Barrett, at 48 River Street, Suite E, Hiawassee, GA 30546. Phone: 706-896-2130. Hours: Monday - Friday, 8:30 AM - 4:30 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 Towns County. A transfer-on-death deed is exempt from transfer tax.
Towns County requires electronic recording through GSCCCA eFile Portal; paper documents are not accepted.
Recording Office Record
Towns County · Eric Barrett
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
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Data sourced from Georgia statutes and official state code. How we research.
Estate planning articles for Georgia.
Forms and tools for property owners in Towns County.
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