What a Transfer on Death Deed Does in Georgia
A transfer on death deed, or TOD deed, is a deed you sign and record while you are alive. It names one or more beneficiaries. They get your property the moment you die. No probate court is involved. See Georgia Transfer on Death Deed for a full overview of how the tool works and when it fits.
You keep full control while you are alive. You can sell the property, refinance it, or cancel the deed at any time. You do not have to tell your beneficiary. Georgia’s Transfer-on-Death Deed law (O.C.G.A. § 44-17-2) took effect July 1, 2024. If you co-own property with a spouse, you may also want to read Joint Tenants with Right of Survivorship in Georgia. Some families use both tools together. For a direct comparison of a TOD deed against other tools, see Transfer on Death Deed vs. Revocable Trust in Georgia and JTWROS vs. TOD Deed in Georgia.
What You Need Before You Start
Before you draft a Georgia TOD deed, gather three things.
- Your current deed. You need the exact legal description of your property, not just the mailing address. Pull it from your existing deed or the county clerk’s records.
- Your beneficiary’s full legal name. You can name one beneficiary, several beneficiaries with set shares, or a trust as the beneficiary. Name at least one backup beneficiary in case your first choice dies before you do.
- The legal ability to sign. You must have the same legal capacity it takes to sign a contract. An agent acting under a power of attorney cannot sign a TOD deed for you. You have to sign it yourself, while you are still able to.
The 4 Steps to Set Up a Valid TOD Deed in Georgia
Once you have the property description, the beneficiary’s name, and confirmed you can legally sign, setup follows four steps.
1
Draft the Deed
The deed must name you as the current owner. It must include the property’s legal description, name your beneficiary, and say the transfer only happens after you die. Leave out any one of these and the deed can be invalid.
2
Name Your Beneficiary
Name a main beneficiary and at least one backup. If your first beneficiary dies before you, and you never named a backup, the deed fails. The property then goes through probate instead.
3
Sign, Witness, and Notarize the Deed
Your signature needs an official witness (a notary, a judge, a magistrate, or a court clerk), plus one more witness. This is Georgia’s standard rule for signing any deed, under O.C.G.A. § 44-5-30 and § 44-2-15.
4
Record the Deed With the County
Take the signed deed to the clerk of superior court in the county where the property sits. This is the same office that records any other deed. It is not the probate court. Recording usually costs about $100. The deed does nothing until it is recorded, and it must be recorded before you die.
Why the Deed Must Be Recorded Before You Die
This is the single most important rule for a Georgia TOD deed. A deed you sign but never record does nothing, no matter how clearly it says what you want. Georgia law says the deed must be recorded while the owner is still alive. Die before recording it, and the property does not pass to your beneficiary. It falls into your estate instead.
When a property has to go through Georgia probate instead, the family usually faces:
- Cost. A simple Georgia estate runs $14,700 on average in attorney and court costs.
- Time. Probate for a simple estate takes 13 months on average before the property can be sold or transferred.
- Control. The family cannot sell, refinance, or transfer the property while probate is open, even if everyone agrees on who should get it.
Recording is a short trip to the courthouse. There is no reason to wait once the deed is signed and notarized.
What Happens After You Record the Deed
Once it is recorded, you are still the full owner. You can still sell the property, refinance it, rent it out, or cancel the deed. You do not need your beneficiary’s consent for any of it. Georgia does not make you tell your beneficiary the deed exists while you are alive. Georgia law also requires the executor of your estate to notify each named beneficiary of the deed, once someone is formally appointed to that role. But if no one opens an estate for you, that notice may never happen. It is still smart to tell your beneficiary yourself, in writing, that the deed exists, where it is recorded, and what they need to do after you die.
How to Revoke or Change a TOD Deed in Georgia
A Georgia TOD deed can be canceled or changed at any time before you die. You never need your beneficiary’s consent to do it. You have three ways to do it:
- Record a formal cancellation. File a revocation with the same county clerk where you recorded the original deed.
- Record a new TOD deed. The newest recorded deed wins. A new deed naming a different beneficiary automatically cancels the old one.
- Sell the property. Sell or transfer the property during your life, and the TOD deed becomes void on its own. Your named beneficiary has no claim to a property you no longer own.
A will does not cancel a TOD deed. Even if your will says the house goes to someone else, your TOD deed beneficiary still gets the property. To change who inherits, update the deed itself at the county clerk’s office, not your will.
Common Mistakes That Can Void a TOD Deed
Georgia does not require a lawyer to create a TOD deed. But deeds people write themselves tend to fail for the same few reasons.
- Using the wrong legal description. A street address is not a legal description. A wrong or incomplete legal description can make the deed unenforceable.
- Never recording it. A signed, notarized deed sitting in a drawer does nothing. It must be recorded with the county before you die.
- No backup beneficiary. If your named beneficiary dies first, and you never named a backup, the deed fails.
- Missing a witness. Georgia requires an official witness (a notary, judge, magistrate, or court clerk) plus one more witness. Skip either one, and the deed can be defective.
- Signing under power of attorney. Georgia does not let an agent sign a TOD deed for you. You must sign it yourself.
What Your Beneficiary Must Do After You Die
Recording the deed is not the last step. When you die, your beneficiary must sign and record an affidavit with the clerk of superior court, along with a copy of the death certificate. That step finishes the transfer.
Georgia used to give beneficiaries 9 months to file that affidavit. That fixed deadline is gone. House Bill 413 amended O.C.G.A. § 44-17-2, effective April 22, 2026, and removed the forced filing window for deaths on or after July 1, 2026. Your beneficiary still has to sign and record the affidavit to finish the transfer, but nothing forces them to do it on any set timeline. If they are slow, distracted, grieving, or never told the deed exists, the property can sit unresolved indefinitely.
If your beneficiary dies before you do and you never named a backup, the transfer lapses. If you named more than one beneficiary, a deceased beneficiary’s share splits evenly among the survivors. Tell your beneficiary about the deed yourself, in writing. Do not assume the county or your estate will notify them in time.
Do You Need an Attorney to Set Up a TOD Deed?
No. Georgia law does not require an attorney to create or record a TOD deed. But a wrong legal description, a missing witness, or a beneficiary named incorrectly can make the deed fail right when your family needs it to work. At The Hive Law, drafting, notarizing, and filing a TOD deed is a $550 flat fee, on top of Georgia’s own county filing fee. See How Much Does a Transfer on Death Deed Cost in Georgia for the full breakdown. For one simple property with a clear beneficiary, that is a small cost next to the $14,700 and 13 months a family faces on average if the deed fails and the property goes through probate instead.
If you own more than one property, want incapacity protection, or have a blended family, a revocable living trust may be the better tool. A trust at The Hive Law starts at $3,500. See How Much Does a Revocable Trust Cost in Georgia for the full breakdown.
