Georgia transfer-on-death deed
A transfer-on-death deed lets you name who inherits your Georgia property without probate, while you keep full control, including the power to sell or mortgage it without anyone's signature. Here is exactly what Georgia requires, what it costs, and where to file it. Deedly is not preparing Georgia deeds at this time.
- Recording office
- Clerk of Superior Court
- Witnesses
- 1 + notary
- Transfer tax
- None when recorded
- First-page margin
- 3″ top
- Recording fee
- $25 per document
- E-recording
- Required (GSCCCA eFile)
What a transfer-on-death deed does in Georgia
A transfer-on-death deed (a beneficiary deed in Arizona, Arkansas, Colorado and Missouri) names the person who should receive your real estate when you die. You record it now, but it transfers nothing until death: you keep full ownership, you can sell or mortgage the property, and you can revoke the deed at any time without your beneficiary's consent. When you die, the property passes outside probate. Your beneficiaries then record the documents your state requires to show them as the owners; in a few states that filing has a deadline, or is what completes the transfer.
In Georgia the governing statute is O.C.G.A. § 44-17-1 et seq. Georgia's transfer-on-death deed must be in substantially the form in O.C.G.A. § 44-17-3. The owner signs in front of one unofficial witness and a notary, who both sign on the signature page, and the deed must be recorded before the owner dies. After the owner's death, each beneficiary takes ownership only when that beneficiary records an acceptance affidavit (O.C.G.A. § 44-17-2(c)). The law was substantially amended effective April 22, 2026 (HB 413): alternate beneficiaries are now allowed, the nine-month deadline for beneficiaries was removed, a revocation needs one witness instead of two, and an agent under a power of attorney can no longer sign.
The Georgia law behind this deed
Start with O.C.G.A. § 44-17-1 et seq. if you want to read the statute's own language. The table below lists the main statutes behind the rules on this page.
| What it governs | Citation |
|---|---|
| Transfer-on-death deeds specifically | O.C.G.A. § 44-17-1 et seq. |
| Conveyances generally | O.C.G.A. § 44-5-30 |
| Recording with the Clerk of Superior Court | O.C.G.A. § 44-2-1 |
| Transfer tax | O.C.G.A. § 48-6-1 |
When Georgia homeowners use a transfer-on-death deed
- Leave a house to your children without probate
- Keep real estate out of a will contest
- Get probate avoidance without paying for a full living trust
- Name a backup beneficiary in case your first choice dies first
- Revoke or change an earlier beneficiary designation
What Georgia requires on the deed
These are the execution and formatting rules superior court clerks enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What Georgia says |
|---|---|
| Recording office | Clerk of Superior Court |
| Notarization | Required. In Georgia the notary signs as an official witness to your signature, so sign in front of both the notary and your unofficial witness, who both sign the deed (O.C.G.A. § 44-5-30). |
| Witnesses | 1 witness in addition to the notary. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Recommended. |
| Return address | Required at the top of page one: the name and mailing address of the person the recorded deed is returned to (O.C.G.A. § 44-2-14(b)). |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch clear space at the top of page one, 1-inch margins elsewhere, nothing under 10pt. |
| Accompanying form | None. Georgia law forbids filing a PT-61 with a transfer-on-death deed (O.C.G.A. § 44-17-2(a)(7)). |
| Timing | Must be recorded before the owner's death. Recording it afterwards has no effect. |
Georgia requires 1 witness
Georgia requires an unofficial witness in addition to the notary (O.C.G.A. § 44-5-30; § 44-2-14(a) for recording). Two signatures other than the grantor's must appear: one witness and one notary, and both must watch you sign. The notary cannot also be the witness. If you sign outside Georgia, the same rule applies: two witnesses, one of whom may be the notary (O.C.G.A. § 44-2-21(b)).
How to complete and record it in Georgia
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the Clerk of Superior Court can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedIt needs the wording, notary certificate, and 3-inch first-page margin used for Georgia deeds. You can prepare your own deed, or a Georgia attorney can prepare it for you.
- Sign in front of a notaryBring photo ID and 1 witness. Wait to sign until you are in front of the notary and the witnesses, who must see you sign.
- E-file it with the Clerk of Superior CourtGeorgia requires you to e-file. Since January 1, 2025, anyone who is a party to a deed and records it personally must file it electronically through the Clerks' Authority portal, efile.gsccca.org (O.C.G.A. § 44-2-2(d)). The clerk will not accept your paper deed at the counter or by mail. Register at efile.gsccca.org first: the portal verifies your identity, including a government-issued photo ID, before you can file. Then upload a scan of the signed deed to the county where the property is located and pay the fee online. Keep the signed paper original.
- Tell your beneficiaries where it isAfter your death, each beneficiary signs an acceptance affidavit, attaches a copy of your death certificate, and records it with a PT-61 at the clerk of superior court. Ownership passes to each of them only when their affidavit is recorded (O.C.G.A. § 44-17-2(c)-(e)).
What it costs in Georgia
| Cost | Typical amount |
|---|---|
| Recording fee | $25 per document |
| Transfer tax | None when recorded |
| Notary | Georgia notaries may charge no more than $2 for a notarial act, and no more than $4 for a service that includes a $2 attendance fee (O.C.G.A. § 45-17-11). |
| Attorney | $150–$700 to prepare the deed |
No transfer tax and no PT-61 when you record a Georgia transfer-on-death deed: the law forbids filing a PT-61 with it (O.C.G.A. § 44-17-2(a)(7)). After your death, your beneficiaries file a PT-61 with their acceptance affidavits.
Where to record it in Georgia
Georgia deeds are recorded with the Clerk of Superior Court in the county where the property sits, not where you live. There are 159 counties in Georgia.
Georgia requires you to e-file. Since January 1, 2025, anyone who is a party to a deed and records it personally must file it electronically through the Clerks' Authority portal, efile.gsccca.org (O.C.G.A. § 44-2-2(d)). The clerk will not accept your paper deed at the counter or by mail.
Recording offices we cover in Georgia: Fulton, Gwinnett, Cobb, DeKalb, Chatham, Clayton, Cherokee, Forsyth, Henry, Richmond. See all Georgia recording offices.
What a transfer-on-death deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Only 34 states plus DC recognize it. Recording one in a state that does not accept it accomplishes nothing.
- It does not clear the mortgage. Your beneficiary takes the property subject to any loan, lien, or judgment against it.
- It doesn't protect the property from your creditors, and in many states it doesn't shield the property from Medicaid estate recovery.
- The beneficiary receives no ownership interest until you die. They cannot be added as a co-owner this way.
- If a beneficiary dies before you, what happens to their share depends on state law: in some states it passes to the other beneficiaries or to the beneficiary's descendants, in others it fails. Naming an alternate, where your state's form allows one, avoids the question.
Quirks of Georgia law that catch people out
- Georgia deeds need TWO signatures besides the grantor's: one unofficial witness and one notary. A notary alone is not enough.
- Georgia requires you to e-file your own deed through efile.gsccca.org, after the portal verifies your identity with a government-issued photo ID (O.C.G.A. § 44-2-2(d)). Every clerk's office has a public computer terminal for it (§ 44-2-2(e)).
- A PT-61 transfer tax declaration must be filed electronically before a deed is recorded, even for an exempt gift. The one exception is a transfer-on-death deed, which must be recorded without one (O.C.G.A. § 44-17-2(a)(7)).
- Georgia has no tenancy by the entirety. A deed to a married couple makes them tenants in common unless it expressly says "joint tenants with survivorship" (O.C.G.A. § 44-6-190(a)(2)). Choose joint tenancy with right of survivorship if you want the survivor to take the whole property.
- 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, each Georgia TOD beneficiary must sign an acceptance affidavit. It confirms the death, states whether the beneficiary was married to the owner, and gives the deed book and page of the TOD deed and the legal description. The beneficiary attaches a copy of the death certificate and records the affidavit with a PT-61 at the clerk of superior court. Ownership passes only when that affidavit is recorded (O.C.G.A. § 44-17-2(c)-(e)). The nine-month deadline in the 2024 law was repealed on April 22, 2026, but beneficiaries should not wait. Until they accept, the estate's personal representative can pay the mortgage, taxes and urgent repairs and take a lien for them. If the estate is insolvent and foreclosure is imminent, the representative can sell the property (§ 44-17-2(g)).
- Georgia is a title theory state and uses a Security Deed rather than a mortgage.
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.
Common questions
Not if you prepare the deed yourself. 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. What matters is the correct statutory language, an accurate legal description, proper notarization and 1 witness, and recording with the Clerk of Superior Court. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect $25 per document. No transfer tax and no PT-61 when you record a Georgia transfer-on-death deed: the law forbids filing a PT-61 with it (O.C.G.A. § 44-17-2(a)(7)). After your death, your beneficiaries file a PT-61 with their acceptance affidavits. Set by state law: $25 per deed, whatever its page count, in every Georgia county (O.C.G.A. § 15-6-77(f)).
Yes. Georgia requires an unofficial witness in addition to the notary (O.C.G.A. § 44-5-30; § 44-2-14(a) for recording). Two signatures other than the grantor's must appear: one witness and one notary, and both must watch you sign. The notary cannot also be the witness. If you sign outside Georgia, the same rule applies: two witnesses, one of whom may be the notary (O.C.G.A. § 44-2-21(b)).
With the Clerk of Superior Court in the county where the property is located, not where you live, and not where the buyer lives. Georgia has 159 counties. Georgia requires you to e-file. Since January 1, 2025, anyone who is a party to a deed and records it personally must file it electronically through the Clerks' Authority portal, efile.gsccca.org (O.C.G.A. § 44-2-2(d)). The clerk will not accept your paper deed at the counter or by mail.
Yes. Transfer-on-death deeds are revocable during your lifetime. You can record a revocation, record a new one naming different beneficiaries, or simply sell the property. You don't need your beneficiary's permission for any of it.
Yes, for this property. On death the property passes to the people you named, outside probate, once each beneficiary signs and records the acceptance affidavit required by O.C.G.A. § 44-17-2(d)-(e) with the Clerk of Superior Court. It doesn't avoid probate for anything else you own, it doesn't clear the mortgage, and it doesn't protect the property from your creditors.
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 life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- All deed rules for GeorgiaRecording offices, transfer tax, witness rules, and fees.
- Georgia recording officesWhere to file in each county.
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.