Georgia Estate Planning

Beneficiary Deed in Georgia

A beneficiary deed lets you pass real estate to a named person at death without probate — no trust required.

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Georgia Lets You Name Who Gets Your Property Without Going Through Probate

Georgia's beneficiary deed law allows real property owners to name a beneficiary who receives the property automatically at death. The deed is recorded now but only takes effect when you die. It is simpler than a trust for investors with one or two properties — but it has important limitations investors need to understand.

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A 15-Minute Call With Shawn

Tell us what is going on with your family. Shawn walks you through your options and what each one costs. Free.

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In a 60-minute meeting, Shawn and Melissa review your assets, your family, and your goals together and confirm your price. This meeting is credited toward your plan if you move forward.

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4

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Melissa Breyer

Melissa Breyer

Georgia Estate Planning Attorney

Melissa Breyer is a Georgia estate planning attorney who works exclusively on trust-based estate planning and LLC formation. She personally designs and drafts every plan at The Hive Law after the initial call. Every plan is built from scratch for your specific family, your specific assets, and your specific wishes.

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Frequently Asked Questions

A Georgia beneficiary deed is the same as a transfer-on-death deed. Georgia calls it a beneficiary deed, but it functions identically to a transfer-on-death deed used in other states. The deed is recorded during your lifetime and transfers property to your named beneficiary at death without probate.

You can change your beneficiary deed after it is recorded. A beneficiary deed is fully revocable during your lifetime. You can record a new beneficiary deed naming different beneficiaries, or record a revocation. The most recently recorded document controls.

A beneficiary deed does not avoid estate taxes. It avoids probate, but the property is still included in your taxable estate for federal estate tax purposes. If your estate is large enough to be subject to estate taxes, a beneficiary deed does not reduce that exposure.

If your named beneficiary predeceases you and you have not updated the deed, the beneficiary deed has no effect — the property falls into your probate estate and is distributed according to your will or Georgia intestacy law. This is one reason a trust is often more reliable for investors with multiple properties.

For passing a single property, a beneficiary deed is better than a will because it avoids probate entirely. A will still requires probate. However, neither a will nor a beneficiary deed provides incapacity protection or the same level of control over distribution that a revocable living trust provides.

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You’ve been meaning to do this for a while now. That’s normal. Most families wait until something happens, then wish they hadn’t.

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