What a Transfer on Death Deed Does in Georgia
Under O.C.G.A. § 44-17-2, a Transfer on Death deed is a recorded document that names one or more beneficiaries to inherit your real property when you die. You retain full ownership while you are alive. You can sell the property, refinance it, or revoke the deed at any time without the beneficiary’s consent.
When you die, your beneficiary must file an affidavit with the county clerk within nine months. If they miss that window, the TOD deed becomes void and the property falls into your estate, going through probate as if the deed never existed.
The TOD deed applies to real estate only. It does not cover bank accounts, investment accounts, retirement accounts, vehicles, or business interests. Those assets require separate planning.
Creating a TOD deed does not require an attorney. But defects in the legal description, improper notarization, or errors in beneficiary designation routinely create title problems for heirs. The recording fee itself is roughly $100, but professional drafting typically costs $300 to $500.
What a Revocable Trust Does in Georgia
A revocable living trust is a legal document you create during your lifetime that holds your assets for your benefit until you die or become incapacitated, then transfers those assets to your named beneficiaries without probate court involvement.
You remain the trustee while you are alive and capable. You control every asset in the trust the same way you did before. When you die or can no longer manage your affairs, your successor trustee steps in immediately with full legal authority to manage and distribute assets according to your instructions.
A funded revocable trust covers every asset type: your home, rental properties, bank accounts, investment accounts, and business interests. Accounts not transferred into the trust during your lifetime typically require a pour-over will to capture them, though they may still go through a simplified probate process.
A revocable trust costs $3,500 for a single person or $4,500 for a couple at The Hive Law. That includes the trust document, pour-over will, durable power of attorney, and advance healthcare directive. The trust requires ongoing maintenance. New assets must be titled in the name of the trust as you acquire them.
Cost Comparison: TOD Deed vs. Revocable Trust
The upfront cost difference is significant. A TOD deed costs roughly $100 to $500 depending on whether you use an attorney. A complete revocable trust package starts at $3,500.
The long-term cost picture is different. A TOD deed only addresses one piece of property. If you own multiple properties, a bank account, an investment account, and a retirement account, you need a separate plan for each one. A revocable trust covers all of them under one document.
The cost of doing nothing — or doing it wrong — is also relevant. If your TOD deed beneficiary dies before you and you have no contingency named, the property goes through probate. Georgia probate typically costs $3,000 to $15,000 in attorney fees and takes 9 to 18 months.
Where the TOD Deed Falls Short
The nine-month affidavit deadline is the most significant risk. If your beneficiary is dealing with grief, handling other estate matters, or simply unaware of the requirement, missing the deadline sends the property through probate anyway. The deed provides no value if the deadline is missed.
A TOD deed does not plan for incapacity. If you suffer a stroke or develop dementia before you die, the deed does nothing. Your family may need to petition the court for a conservatorship to manage your affairs — a process that takes 3 to 6 months and costs $5,000 to $15,000. A revocable trust eliminates this risk entirely by naming a successor trustee who steps in automatically.
If your named beneficiary dies before you do, the deed does not automatically pass to that person’s children. The share either goes to the other named beneficiaries or reverts to your estate. You must update the deed to fix this, and many people do not know to do so.
TOD deeds cover real estate only. Your bank accounts, investment accounts, retirement accounts, business interests, and personal property all require separate planning. A TOD deed on your house does not mean your estate avoids probate — it means that one property does.
There is also an undue influence risk. Because no attorney oversight is required, family members can pressure an elderly homeowner into naming them as the beneficiary on a TOD deed. Revocable trusts involve legal counsel who can identify and document the owner’s capacity and intent.
Where a Revocable Trust Is the Right Tool
If you own more than one property, a revocable trust is almost always the right tool. One trust document covers all of your real estate and eliminates probate on all of it.
Incapacity planning is where the trust has no equal. A successor trustee can pay your bills, manage your accounts, and maintain your properties without any court involvement. No conservatorship. No delay. No $5,000 to $15,000 in court costs.
A revocable trust keeps your estate private. Probate is a public court proceeding. Anyone can look up your will and the list of your assets. Trust administration is private — your beneficiaries, your assets, and your instructions stay out of the public record.
For families with complex situations — multiple beneficiaries, minor children, a beneficiary with creditor problems, or a family member who cannot manage money — a revocable trust gives you control that a TOD deed cannot. You can stagger distributions, set conditions, create sub-trusts for minor children, and name a professional trustee to manage assets if needed.
Business interests cannot be transferred through a TOD deed at all. If you own an LLC, an S-Corp interest, or any other business entity, a revocable trust is the correct vehicle for passing that interest to your heirs without triggering a probate proceeding or an operational crisis.
For a full overview of how a revocable trust works in Georgia, see our Estate Planning guide.
How to Choose Between a TOD Deed and a Revocable Trust
1
Count your assets
If your only asset is one Georgia home and you have a clear beneficiary with no family complications, a TOD deed may be sufficient. If you own more than one property, have bank or investment accounts, or own a business interest, a revocable trust is the right tool.
2
Consider incapacity risk
If you are over 60, have any health condition that could affect your capacity, or simply want to avoid a conservatorship proceeding, a revocable trust is the only tool that addresses this. A TOD deed does nothing for incapacity.
3
Evaluate family complexity
A blended family, a minor child, a beneficiary with creditor problems, or a sibling dispute all point toward a revocable trust. These situations require trustee authority and instructions that a simple deed cannot provide.
4
Factor in the nine-month deadline
If your beneficiary is likely to be overwhelmed by the estate process, may not know about the deadline, or lives out of state, the TOD deed’s nine-month affidavit window is a genuine risk. A revocable trust has no equivalent deadline.
A TOD deed is a useful tool for a narrow situation. A revocable trust is the right tool for almost everyone else. For a comparison of the revocable trust with other estate planning documents, see our guide on Revocable Trust vs. Will in Georgia.
For homeowners who co-own property with a spouse or partner, see our article on Joint Tenants with Right of Survivorship in Georgia — a third probate-avoidance option that often works alongside or instead of a TOD deed.
