Georgia property deeds
Deed rules are state law, and Georgia's differ from its neighbours in ways that decide whether your document records or comes back. Here is the whole picture: which deeds exist here, how they have to be signed, what the recorder wants on the page, and what it costs.
- Recording office
- Clerk of Superior Court
- Witnesses
- 1 + notary
- Transfer tax
- $1.00 per $1
- First-page margin
- 3″ top
- Recording fee
- ~$25 first page
- E-recording
- Generally available
Deeds Georgia recognizes
| Deed | What it does | Available? |
|---|---|---|
| Quitclaim deed | Transfers whatever interest you have in a property, with no promises about the title. | Yes |
| General warranty deed | Transfers ownership with the strongest title guarantees the law allows. | Yes |
| Special warranty deed | Transfers ownership, but only guarantees the title for the period you owned it. | Yes |
| Transfer on death deed | Names who inherits your property, skips probate, and changes nothing while you're alive. | Yes |
| Lady bird deed | An enhanced life estate deed: you keep total control for life, and the property passes automatically at death. | No |
| Life estate deed | You keep the right to live in the property for life; named remaindermen own it after you. | Yes, less common |
| Gift deed | Transfers property to someone as an outright gift, for no payment. | Yes, less common |
Georgia does not recognize lady bird deeds. Recording one here wouldn't achieve what you want.
How a deed has to be signed in Georgia
Georgia is one of only 4 states that still require witnesses. Georgia requires an unofficial witness in addition to the notary (O.C.G.A. § 44-2-21). Two signatures other than the grantor's must appear: one witness and one notary.
| Requirement | Rule |
|---|---|
| Notarization | Required for every signature |
| Witnesses | 1 in addition to the notary |
| Preparer statement | Customary, not required |
| Grantee address on the deed | Required |
| Prior deed reference | Optional |
| Spousal joinder | Not generally required |
Georgia document formatting rules
Superior court clerks in Georgia expect 8.5 × 11 inch paper with a 3-inch top margin on the first page and 1-inch margins elsewhere. Type must be at least 10 point. That top margin is the recorder's stamp area. Writing into it is the most common formatting rejection there is.
Georgia transfer tax and recording fees
Georgia charges Real estate transfer tax at $1.00 per $1,000 of consideration (first $1,000 is $1.00, then $0.10 per additional $100). Customarily paid by the grantor. The PT-61 must be filed electronically through the Georgia Superior Court Clerks' Cooperative Authority before the deed can be recorded.
Common exemptions: gifts with no consideration, transfers between spouses, and transfers to correct a prior deed.
A form has to travel with the deed
Georgia requires Form PT-61 Real Estate Transfer Tax Declaration (filed electronically) with most recorded deeds, including gifts and other exempt transfers. Recorders reject packages that are missing it.
Recording fees run about $25 for the first page. Georgia moved to a flat $25 filing fee for most real estate instruments.
How to hold title in Georgia
- Sole ownership. One person owns everything.
- Tenancy in common. Separate, divisible shares with no survivorship. A deceased owner's share goes to their heirs.
- Joint tenancy with right of survivorship. Equal shares; the survivor takes the whole property automatically.
Where to record a deed in Georgia
Deeds are recorded with the Clerk of Superior Court in the county where the property is located. Georgia has 159 counties. Most offices accept e-recording through a submitting service, which is usually same-day.
Fulton · Gwinnett · Cobb · DeKalb · Chatham · Clayton · Cherokee · Forsyth · Henry · Richmond. all Georgia recording offices
Why deeds get rejected in Georgia
- Georgia deeds need TWO signatures besides the grantor's: one unofficial witness and one notary. A notary alone is not enough.
- A PT-61 transfer tax declaration must be filed electronically before recording, even for exempt gift transfers.
- Georgia abolished tenancy by the entirety. Married couples use joint tenancy with survivorship.
- Georgia only got transfer-on-death deeds on July 1, 2024, so most guidance written before then says it has none. It does.
- After the owner dies, a Georgia TOD beneficiary must record an affidavit of acceptance and a death certificate within nine months, or the property falls back into the estate and goes through probate.
- Georgia is a title theory state and uses a Security Deed rather than a mortgage. That instrument is separate from anything Deedly generates.
From $39. Every Georgia rule above is applied automatically, and you read the finished document before you pay.
Common questions
You sign a deed, have it notarized in front of 1 witness, and record it with the Clerk of Superior Court in the county where the property sits. Which deed depends on what you're doing: a quitclaim for family transfers and adding or removing a name, a warranty deed for a sale, and a transfer-on-death deed for probate avoidance.
No. Georgia does not require an attorney to prepare or record a deed. Use one when ownership is disputed, when the owner has died and the estate has not been probated, when the estate is large enough to owe tax, or when Medicaid planning is involved.
About $25 for the first page. Georgia also charges real estate transfer tax at $1.00 per $1,000 of consideration (first $1,000 is $1.00, then $0.10 per additional $100).
Yes. The statute is O.C.G.A. § 44-17-1 et seq. Georgia calls it a transfer on death deed. It must be recorded before the owner's death to be effective.
Keep reading
- Georgia quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Georgia general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Georgia special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Georgia transfer on death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- Georgia recording officesWhere to file in each county, with fees and contact details.
- Compare all 51 jurisdictionsWitness rules, transfer taxes, and recording fees side by side.
Deedly is not a law firm
We provide self-help software and state-specific statutory 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.