Right Of Survivorship Deed In Georgia: Can You Avoid Probate?

You can avoid probate with a right of survivorship deed in Georgia.

In this article, you’ll learn about:

what a right of survivorship deed is
examples of these right of survivorship deeds
benefits and disadvantages to them

Let’s dig in.

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What Is A Right Of Survivorship Deed In Georgia?

A right of survivorship deed in Georgia refers to a specific type of property ownership.

It’s also known as joint tenancy with the right of survivorship (JTWROS).

This form of ownership allows two or more individuals to own property together.

And each person has an equal interest in the property.

When one co-owner dies, their share of the property automatically passes to the surviving co-owners.

The transfer of ownership happens without the need for probate.

The deed must expressly state the intention to create a joint tenancy (O.C.G.A. § 44-6-190).

The language used to create this type of ownership might look like this:

“A and B, as joint tenants with the right of survivorship, and not as tenants in common.”

An Example Of A Right Of Survivorship Deed In Georgia

Alice and Bob own a house in Georgia as joint tenants with the right of survivorship.

If Alice passes away, her interest in the property will:

automatically pass to Bob
bypass probate without going through probate

When Bob passes away, the property would then go to his heirs per his estate plan.

Benefits Of A Right Of Survivorship Deed In Georgia

Using a right of survivorship deed in Georgia offers several benefits, such as:

avoiding probate
ease of transferring ownership
equal ownership

Avoiding Probate

A right of survivorship deed in Georgia avoids probate.

There is an automatic transfer of ownership to the surviving co-owners when one co-owner dies.

Here’s a more in-depth explanation of how this process works:

Automatic transfer of ownership: In a JTWROS, the ownership interests of the co-owners are undivided and equal. When one co-owner dies, their interest in the property automatically passes to the surviving co-owners, without the need for any additional actions or documentation. This automatic transfer is known as the “right of survivorship.”
Bypassing probate: When a property is held in a JTWROS, the right of survivorship allows the deceased’s interest in the property to transfer directly to the surviving co-owners, bypassing the probate process entirely.
Immediate transfer of ownership: The right of survivorship in Georgia operates automatically upon the death of a co-owner. And the surviving co-owners can continue to manage and use the property without waiting for the probate process to conclude. This provides a significant advantage for the surviving co-owners. They can maintain control and possession of the property without delays or interruptions.
No need for a will or other estate planning documents: The property held in JTWROS passes directly to the surviving co-owners upon a co-owner’s death. So, there is no need to include the property in a will or other estate planning documents.

Ease Of Transfer

A right of survivorship in Georgia:

streamlines the process of transferring ownership
eliminates the need for probate

Here’s a more in-depth explanation of how it simplifies the transfer process:

Automatic transfer: When a co-owner dies, their share of the property automatically passes to the surviving co-owners without any additional actions or paperwork required. This is in contrast to other forms of property ownership, such as tenants in common, where the deceased’s share would pass to their heirs or beneficiaries through the probate process.
No probate: With a right of survivorship, the property transfer occurs outside the probate process, saving time, and money, and maintaining privacy.
Uninterrupted ownership: The surviving co-owners maintain uninterrupted ownership and control over the property. This can be particularly beneficial in cases where the property generates income or is used for a specific purpose (i.e., a family home, vacation property, or rental property).
Minimized legal complications: The transfer of the deceased co-owner’s interest happens automatically upon their death. There is a lower risk of legal challenges or disputes involving the property. This can be especially helpful in cases where there might be multiple heirs or potential beneficiaries who could contest the transfer of the property.
Simplified record-keeping: With a right of survivorship in Georgia, the property title remains with the surviving co-owners, and there is no need to update the title to reflect the new ownership interests. This can save time and effort, as well as reduce the potential for errors in the public record.

Equal Ownership

A right of survivorship deed in Georgia estate establishes equal ownership among co-owners.

This ensures that each individual has a fair and equal stake in the property.

This provides advantages in maintaining equal ownership rights and interests, like:

Equal division of interest: When a property is held in joint tenancy with the right of survivorship, each co-owner has an undivided and equal interest in the property. This means that no co-owner can claim a larger or smaller portion of the property than the others.
Equal rights to use and possess: All co-owners have the right to use and possess the entire property, regardless of the portion they own. This ensures that every co-owner can enjoy the property equally and without restrictions.
Equal decision-making power: Since each co-owner has an equal interest in the property, they all have an equal say in decisions related to the property, such as maintenance, improvements, or sale. This fosters a sense of fairness and cooperation among the co-owners.
Protection of equal ownership upon death: When one co-owner dies, their interest in the property automatically passes to the surviving co-owners without going through probate. This means that the deceased’s share is not subject to division among their heirs, which could potentially alter the equal ownership arrangement. Instead, the remaining co-owners retain their equal shares, and the deceased’s share is divided equally among them.
Equal responsibility for expenses and liabilities: Joint tenants with the right of survivorship share equally in the financial responsibilities associated with property ownership, such as property taxes, mortgage payments, and maintenance costs. This shared responsibility ensures that no single co-owner is burdened with a disproportionate amount of the property’s expenses or liabilities.

Downsides To A Right Of Survivorship Deed In Georgia

However, there are potential downsides to using a right of survivorship deed:

Inflexible estate planning: The automatic transfer of ownership to the surviving co-owners may not align with the deceased’s intended estate plan.
Potential creditor claims: The deceased’s creditors may be able to claim their share of the property to satisfy debts.
Relationship issues: Conflicts can arise among the co-owners, especially if they are not in agreement about the property’s management or future disposition.

Let’s say you are considering using a right of survivorship deed in Georgia.

It is crucial to consult with an experienced Georgia estate planning attorney.

They can help you understand the implications.

And they can assist in properly executing the deed.

An attorney will ensure that the deed complies with Georgia law.

Which will help to prevent potential legal issues in the future.

Get A Right Of Survivorship Deed In Georgia

If you need a Georgia right of survivorship deed, fill out the form on this page.

Our estate planning attorneys have the experience you need to avoid probate.

This way, you don’t:

tie up your property in probate
have to pay taxes on the transfer of your property
lose your property to creditors or lawsuits

We can provide you with that.

Talk soon.

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Right Of Survivorship Deed In Georgia: Can You Avoid Probate?

Table of Contents

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What Is A Right Of Survivorship Deed In Georgia?

An Example Of A Right Of Survivorship Deed In Georgia

Benefits Of A Right Of Survivorship Deed In Georgia

Avoiding Probate

Ease Of Transfer

Equal Ownership

Downsides To A Right Of Survivorship Deed In Georgia

Get A Right Of Survivorship Deed In Georgia

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