Lady Bird Deeds in Georgia
Short answer: no. Georgia does not recognize lady bird deeds, and recording one may not do what you're hoping. Here is what works here instead. Deedly is not preparing Georgia deeds at this time.
Deedly is not preparing Georgia deeds at this time
Georgia law limits who may charge to prepare a deed for someone else. You can prepare your own deed, or a Georgia attorney can prepare it for you.
Georgia does not recognize lady bird deeds
Georgia has no statute and no settled practice recognizing them, so what one would do here is uncertain, and title companies may not rely on it. Deedly does not prepare one for Georgia; the alternatives below are the reliable routes.
Why Georgia does not have them
Lady Bird deeds, enhanced life estate deeds, are recognized in 6 states: Florida, Michigan, Rhode Island, Texas, Vermont, and West Virginia. Maryland's courts also recognize a similar instrument, the life estate deed with powers. Missouri's courts also recognize a similar instrument, the life estate deed with powers. Virginia law also recognizes a similar instrument, the life estate deed with powers. Elsewhere there is no statute or settled practice for the combination of a life estate and an unrestricted power to sell, so how a court or title company would treat one is uncertain.
What Georgia homeowners use instead
There are working alternatives in Georgia:
- Georgia transfer-on-death deed. Names who inherits the property, revocable at any time while you're alive.
- Georgia life estate deed. Keeps a life estate for you with the remainder to the people you name. Not revocable.
Other ways to avoid probate in Georgia
- A revocable living trust. The most flexible option. It costs more up front (typically $1,000–$3,000) but it covers everything you own, not just one property.
- Survivorship titling. Holding title as joint tenants with right of survivorship passes the property to the surviving owner automatically, outside probate.
- No-administration petition. Georgia's shortcut is a petition for an order that no administration is necessary (O.C.G.A. § 53-2-40). It has no dollar limit, but it requires that there is no will, that all the heirs agree on how to divide the estate, and that the estate owes no debts or its creditors consent.
Every deed type this state recognizes, with its requirements and costs.
Common questions
A county office might physically accept and index the document, but recording is not the same as validity. With no statute or settled practice behind it in Georgia, there is no assurance a court or title company would give it the effect you intended. Use one of the alternatives above instead.
Florida, Michigan, Rhode Island, Texas, Vermont, and West Virginia. Maryland's courts also recognize a similar instrument, the life estate deed with powers. Missouri's courts also recognize a similar instrument, the life estate deed with powers. Virginia law also recognizes a similar instrument, the life estate deed with powers.
For a single property, survivorship titling is the cheapest. It costs one deed and one recording fee. For everything else, a revocable living trust is the standard route: more expensive up front, but it covers your whole estate and stays private. A probate attorney in Georgia can tell you which fits your situation in a single consultation.
Keep reading
- Georgia transfer-on-death deedNames who inherits the property, revocable at any time while you're alive.
- Georgia life estate deedKeeps a life estate for you with the remainder to the people you name. Not revocable.
- All Georgia deed optionsEverything this state does recognize, with requirements and costs.
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.