Are transfer on death deeds available in Georgia?

Yes. Georgia allows transfer-on-death deeds under O.C.G.A. 44-17-1 to 44-17-7. The deed transfers real property to a named beneficiary at death without probate.

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.

State where property is located

Find out if a TOD deed is right for you

Select your state to see if a transfer on death deed can keep your property out of probate.

This tool provides general information about transfer on death deeds and is not legal advice. TOD deed availability and requirements vary by state. Consult a licensed attorney for guidance specific to your situation.

Frequently Asked Questions

Yes. Georgia allows transfer-on-death deeds. 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.

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, signed by the record owner or the owner's attorney in fact, 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 (2026)), 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).

Georgia allows transfer-on-death deeds for all types of real property, including homes, land, condominiums, and commercial properties.

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.

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.

TOD Deeds in Georgia

A transfer on death deed in Georgia (Yes) lets property owners name a beneficiary who receives the property at death — bypassing probate entirely for that asset. The owner retains full control during their lifetime, including the right to revoke the deed at any time.

Without a TOD deed, real property in Georgia passes through probate — a process that takes at least 6 months for simple estates. A TOD deed removes that property from the probate estate entirely. Estates under $15,000 may qualify for simplified procedures, but a TOD deed avoids the process altogether. See the full cost breakdown with the probate calculator.

TOD deeds are a focused tool — one deed per property, covering only real estate. A revocable trust handles all assets and provides incapacity planning as well. The trust vs. will tool compares the two approaches side by side.

SimplyTrust Editorial·Updated July 15, 2026

Legal Sources

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

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