Do I Need a Transfer on Death Deed in Georgia?
Georgia authorizes transfer on death deedsO.C.G.A. 44-17-1 to 44-17-7Verified Oct 17, 2026: a recorded, revocable deed that passes real property at death outside probate.
Yes. Georgia allows transfer-on-death deedsO.C.G.A. 44-17-1 to 44-17-7Verified Oct 17, 2026. The deed names a beneficiary for real property, is recorded during the owner's life, and passes the property at death without probate.
A transfer-on-death deed in Georgia requires attestation by a notary as official witness (not a notary acknowledgment) and 1 witnessO.C.G.A. 44-17-1 to 44-17-7Verified Oct 18, 2026. The signed deed must be recorded at the clerk of superior court before death to take effectO.C.G.A. 44-17-1 to 44-17-7Verified Oct 18, 2026. 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(a)(1); 44-17-3.
Yes. A transfer-on-death deed is revocable at any time during the owner's life, and Georgia revokes one by: 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. 44-17-4Verified Oct 17, 2026. A will cannot revoke it.
Georgia allows transfer-on-death deeds for all types of real property, including homes, land, condominiums, and commercial propertiesO.C.G.A. 44-17-1 to 44-17-7Verified Oct 17, 2026.
Yes. Georgia allows multiple beneficiaries on a transfer-on-death deedO.C.G.A. 44-17-1 to 44-17-7Verified Oct 17, 2026; they take title as tenants in common unless the deed says otherwise. A successor beneficiary can be named to take if a primary beneficiary dies first.
Is this your situation?
Get a complete guide for your specific circumstances.
New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
Learn more
Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
Learn more
New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
Learn more
Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
Learn moreForms for Planning Your Estate in Georgia
Free forms for planning your estate in Georgia: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Healthcare Power of Attorney
Georgia requires 2O.C.G.A. § 31-32-4Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredO.C.G.A. § 31-32-4Verified Oct 15, 2026View source.
Financial Power of Attorney
Georgia treats a power of attorney as durable by defaultO.C.G.A. §§ 10-6B-1 through 10-6B-81Verified Sep 18, 2026View source, and it is signed before 1O.C.G.A. §§ 10-6B-1 through 10-6B-81Verified Sep 18, 2026View source witness and a notary.
Transfer on Death Deed
In Georgia, a transfer-on-death deed is signed before a notaryO.C.G.A. 44-17-1 to 44-17-7Verified Oct 18, 2026 and 1O.C.G.A. 44-17-1 to 44-17-7Verified Oct 18, 2026 witness, then recorded with the county before the owner's deathO.C.G.A. 44-17-1 to 44-17-7Verified Oct 18, 2026.
Living Will
In Georgia, the living will is the Georgia Advance Directive for Health CareO.C.G.A. Title 31, Chapter 32 (Georgia Advance Directive for Health Care Act), §§ 31-32-1 to 31-32-14Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Last Will and Testament
In Georgia, a will is signed before 2O.C.G.A. § 53-4-20Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyO.C.G.A. § 53-4-20Verified Oct 18, 2026View source.
Tools for Planning Your Estate in Georgia
Free tools for planning your estate in Georgia: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
Do I Need a Vehicle TOD?
Georgia does not offer a transfer-on-death designation on a vehicle title; a vehicle passes by will, trust, joint title, or probate.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in Georgia runs $2,980Estimate: 10 hours at $298, Clio's Georgia Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,470Estimate: 15 hours at $298, Clio's Georgia Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,146Estimate: 3 hours at $382, Clio's Georgia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,292Estimate: 6 hours at $382, Clio's Georgia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Georgia, four years at a public university cost about $74,696NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo state estate or inheritance tax. Georgia's estate tax was outright eliminated (not merely a $0 federal-credit pickup): O.C.G.A. § 48-12-1(a) — "On and after July 1, 2014, there shall be no estate taxes levied by the state and no estate tax returns shall be required by the state." Georgia imposes no inheritance tax and requires no estate-tax waiver.Verified Sep 15, 2026View source.
Are My Beneficiary Designations Protected?
Georgia does not revoke an ex-spouse as beneficiary at divorceO.C.G.A. § 53-4-49Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
How Do I Sign Estate Documents?
Find witness, notary, and remote signing requirements for all 50 states.
Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
How Much Does Probate Cost?
Probate on a $500,000 estate in Georgia costs an estimated $38,748O.C.G.A. § 53-7-6(4) (PR authorized "to provide competent legal counsel for the estate...either the personal representative or the attorney employed may, by petition to the probate court...obtain a judgment fixing the attorney's fees and expenses"; no statutory percentage) (Verified 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source. Attorney fees run 2.1%O.C.G.A. § 53-7-6(4) (PR authorized "to provide competent legal counsel for the estate...either the personal representative or the attorney employed may, by petition to the probate court...obtain a judgment fixing the attorney's fees and expenses"; no statutory percentage) (Verified 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source to 3.4%O.C.G.A. § 53-7-6(4) (PR authorized "to provide competent legal counsel for the estate...either the personal representative or the attorney employed may, by petition to the probate court...obtain a judgment fixing the attorney's fees and expenses"; no statutory percentage) (Verified 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Who Inherits Without a Will?
Without a will in Georgia, descendants divide what passes to them per stirpesO.C.G.A. § 53-2-1Verified Sep 10, 2026View source, and the state sets no survival period for heirs.
When you're ready, we're here.
Georgia Estate Planning Resources
In-depth guides covering Georgia probate laws, trust requirements, and estate planning strategies.