Do I Need a Transfer on Death Deed in Georgia?
Answer a few questions about the property to see whether a transfer on death deed applies for avoiding probate on real estate.
Frequently Asked Questions
Yes. Georgia allows transfer-on-death deeds.O.C.G.A. 44-17-1 to 44-17-7Verified Aug 24, 2026 The deed transfers real property to a named beneficiary at death without probate. See how this compares to a trust with the probate calculator.
A transfer-on-death deed in Georgia requires attestation by a notary as official witness (not a notary acknowledgment) and 1 witness. The signed deed must be recorded at the clerk of superior court before death to be effective. Must be recorded in the office of the clerk of superior court in the county where the property is located before the record owner's death. No deadline in days after execution. O.C.G.A. 44-17-2.O.C.G.A. 44-17-1 to 44-17-7Verified Aug 24, 2026
Yes. A transfer-on-death deedis revocable at any time during the owner's lifetime. Revocation methods in Georgia include: Recording an instrument of revocation that refers to the initial transfer-on-death deed, signed by the record owner personally, attested by an officer per O.C.G.A. 44-2-15 and by one other witness (O.C.G.A. 44-17-4(a), as amended by HB 413 (Act 379, 2026) — an attorney in fact may no longer sign it, and it may no longer be folded into another recorded deed or instrument of conveyance), Recording a subsequent transfer-on-death deed (O.C.G.A. 44-17-4(b)), Inter vivos sale or conveyance of the property, conveyance to the owner's trust, or death of a sole designated beneficiary before acceptance (revocation by operation of law per O.C.G.A. 44-17-4(d), added by HB 413 (2026); see also 44-17-7).O.C.G.A. 44-17-1 to 44-17-7Verified Aug 24, 2026
Georgia allows transfer-on-death deeds for all types of real property, including homes, land, condominiums, and commercial properties.O.C.G.A. 44-17-1 to 44-17-7Verified Aug 24, 2026
Yes. Georgia allows multiple beneficiaries on a transfer-on-death deed. If multiple beneficiaries are named, they take title as tenants in common unless the deed specifies otherwise.O.C.G.A. 44-17-1 to 44-17-7Verified Aug 24, 2026
A transfer-on-death deed transfers the property directly to the beneficiary at death, bypassing probate for that asset. Other assets not covered by a TOD deed, trust, or beneficiary designation still go through probate. Use the Georgia probate calculator to estimate the cost of probating remaining assets.
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