What a Transfer on Death Deed Does
A transfer on death deed, sometimes called a TOD deed or TODD, is a deed you sign and record with the county while you are alive. It names one or more beneficiaries who receive the property when you die. You keep full ownership until then. You can sell the property, refinance it, or cancel the deed at any time, and none of that requires your beneficiary’s permission.
Georgia created this option on July 1, 2024. Before that, a homeowner who wanted to skip probate on a single property had to use a trust, a life estate deed, or joint ownership, and each of those came with tradeoffs a TOD deed avoids. The deed only works if you record it with the county before you die. A signed deed sitting in a drawer has no legal effect.
The property does not change hands the moment you die. Your beneficiary still has to take one more step. They must record a sworn affidavit and a copy of your death certificate with the county before the title moves into their name. For a death on or after July 1, 2026, they also have to file a real estate transfer tax form at the same time. There is no probate case and no separate court filing, but there is this one recording step your beneficiary has to finish after you are gone.
Under Georgia’s TOD deed law, the deed:
- Is fully revocable while you’re alive.
- Transfers the property outside of probate once your beneficiary records the required affidavit and death certificate.
- Keeps your existing property tax exemptions in place during your lifetime.
- Can name more than one beneficiary and set a specific share for each.
- Stays in your taxable estate for federal estate tax purposes, which rarely matters under the current federal exemption.
When a TOD Deed Is the Right Choice
A TOD deed fits best for a simple situation. It works well when a few things are true at once.
- You own one or two properties in Georgia, and real estate is the main asset you want to pass down.
- You have one or two beneficiaries you trust to handle the property on their own once you are gone.
- You do not need privacy. A TOD deed is public record from the day you file it.
- You do not need incapacity planning from the deed itself. A TOD deed only does something at death; it does nothing if you become unable to manage your affairs while you’re alive.
- Your estate is otherwise simple. No business interests, no large retirement accounts to coordinate, and no minor children named as beneficiaries.
The classic fit is a Georgia homeowner with a paid-off house and one or two adult children. For that family, a $25 recording fee does roughly what a several-thousand-dollar trust would do, for that one property.
When a TOD Deed Is Not Enough
A TOD deed only does one thing: it passes one property at death. Here is when it falls short.
- You own more than real estate. A TOD deed only transfers the property named in the deed. Bank accounts, retirement accounts, and other property still go through probate.
- You have a minor child as a beneficiary. A minor cannot legally hold title, so a guardianship or conservatorship gets involved, often the exact result you were trying to avoid.
- You have a blended family. A TOD deed can protect a property from a new spouse’s Year’s Support claim (O.C.G.A. § 53-3-1), but only if you set it up in the right order.
- You could need Medicaid. A TOD deed does not protect your home from Medicaid estate recovery after your death.
- You want to control timing or conditions. A TOD deed transfers the property outright at death. It cannot say your child gets the house at a certain age or only after finishing college.
- You could become incapacitated before you die. A TOD deed does nothing while you are alive. A revocable trust paired with a financial power of attorney covers both incapacity and death.
The order matters because of a 2026 change to O.C.G.A. § 44-17-5(a): it protects a TOD deed’s property from a spouse who marries the owner after the deed is already recorded. If you remarry first and record the deed afterward, your new spouse can still bring a claim against that property.
TOD Deed vs. Revocable Trust in Georgia
A TOD deed and a revocable trust both skip probate, but they do it differently. A TOD deed only covers the one property named in the deed. A revocable trust can hold your house, your bank accounts, your investments, and anything else you retitle into it.
Cost is the other big difference. A TOD deed costs a flat $25 to record, plus whatever an attorney charges to draft it. A revocable trust plan typically runs several thousand dollars, because it covers an entire estate plan, not just one deed. A revocable trust also covers incapacity; a TOD deed does nothing until you die.
- Own one house and want to pass it to adult children? A TOD deed usually does the job on its own.
- Own a house plus retirement accounts and investments, and want one plan for everything? A revocable trust covers all of it under one document.
- Have a blended family, minor beneficiaries, or a concern about incapacity? A revocable trust gives you more control than a TOD deed can.
For the full side-by-side breakdown, see Transfer on Death Deed vs. Revocable Trust in Georgia.
How to File a Valid TOD Deed in Georgia
A Georgia TOD deed has to meet specific legal requirements. Miss one and a court can treat the deed as void. Setup follows four steps.
1
Draft the Deed
The deed must name you as the current owner, include the property’s legal description pulled from your current deed, and state clearly that the transfer only happens after you die.
2
Name Your Beneficiary
Name a primary beneficiary and at least one backup. You can also split the property between more than one beneficiary by percentage.
3
Sign, Witness, and Notarize
Georgia’s standard deed execution rules apply. Your signature needs a notary, or another authorized official, plus one additional witness.
4
Record With the County
File the signed deed with the clerk of superior court in the county where the property sits. Recording costs a flat $25 per instrument, and the deed has no legal effect until it’s recorded.
For the full step-by-step walkthrough, see How to Set Up a Transfer on Death Deed in Georgia, and for what an attorney-prepared deed actually costs, see How Much Does a Transfer on Death Deed Cost in Georgia.
How to Revoke a TOD Deed
A TOD deed is fully revocable for as long as you’re alive. You have three ways to undo it.
- Record a formal revocation deed. File it at the same clerk’s office where you recorded the original TOD deed. This is the cleanest method.
- Record a new TOD deed. The most recently recorded deed controls, so a new one naming a different beneficiary automatically cancels the old one.
- Sell or transfer the property during your lifetime. Once you no longer own the property, the TOD deed has nothing left to transfer, and it becomes void automatically.
A will does not revoke a TOD deed. Even if your will names someone else to inherit the house, the TOD deed beneficiary still takes the property, because the deed passes the property outside of your will and your probate estate entirely. Update the TOD deed itself at the county clerk’s office any time you change your mind.
The Bottom Line on the Georgia TOD Deed
A Georgia TOD deed is the cheapest, simplest way to pass a single property to your beneficiary outside of probate. For a simple estate with one property and a trusted adult beneficiary, it can do the job for about $25 in county fees plus the cost of drafting.
For anything more complex, a revocable trust still does more. It covers your full estate, plans for incapacity, and keeps your affairs private in a way a TOD deed cannot. Neither tool is better than the other; they solve different problems. See the full Georgia estate planning hub for how a TOD deed fits alongside a will or trust.
If you’re not sure which one fits your family, that’s exactly the kind of question a free strategy call is built to answer.
