Georgia made a new option available in July 2024. It’s called a Transfer on Death Deed, or TODD. It lets you pass a piece of real estate directly to your children (or anyone else) when you die: without probate, without a trust, and for around $100 in filing fees.
If you own a house and your only goal is passing that house to your kids, the TODD is probably the simplest tool Georgia has ever offered for that purpose. It’s also brand new, and most Georgia attorneys haven’t caught up to it yet.
This post covers how the TODD works, exactly when it’s the right choice, when it isn’t enough, how to file one in Georgia, how to revoke it, and how it compares to the other options.
What a Transfer on Death Deed Actually Does
A TODD is a deed you sign and file with the county clerk’s office while you’re alive. It names one or more beneficiaries who automatically receive the property the moment you die.
You don’t transfer the property to them while you’re alive. You stay the full owner. You can sell it. You can refinance it. You can revoke the TODD anytime. Nothing changes for you during your lifetime.
The moment you die, the property transfers to the named beneficiary by law. No probate. No court filing. No trust needed. Your beneficiary records a copy of the death certificate with the county clerk, and the deed is in their name.
Under Georgia’s statute (enacted July 1, 2024, codified at O.C.G.A. § 44-17-1 et seq.), the TODD:
- Is fully revocable while you’re alive
- Transfers title outside of probate at death
- Keeps your property tax exemptions intact during your lifetime
- Can name multiple beneficiaries and specify shares
- Keeps the property in your taxable estate for federal estate tax purposes (rarely relevant under the current exemption)
When a TODD Is the Right Choice
A TODD is the right tool when all of these are true:
- You own one or two pieces of real estate in Georgia, and that real estate is the main thing you need to pass on.
- You have one or two beneficiaries, typically adult children, and you trust them to handle inheritance on their own.
- You don’t care about privacy. The TODD is public record from the moment you file it.
- You don’t need incapacity planning from the deed itself. A TODD only works at death. It doesn’t help during a period of incapacity while you’re alive.
- Your estate is simple. No business interests, no large retirement accounts needing coordination, no minor children as beneficiaries, no blended family complications.
The classic fit: a Georgia homeowner in their 60s or 70s with a paid-off house, one or two adult children, and a simple wish to pass the house down when they’re gone. For that family, a $100 TODD filing does what a $5,000 trust would do, for this one asset.
When a TODD Is Not Enough
The TODD is a single-asset, single-event tool. It does not cover anything beyond passing one property at death. Here’s when a TODD is not enough:
You own more than real estate. A TODD only transfers the property named in the deed. Your bank accounts, retirement accounts, investments, and personal property all go through probate anyway. If avoiding probate is the real goal, a TODD for your home alone doesn’t solve the problem for the other assets.
You have minor children as beneficiaries. A TODD naming a minor creates legal complications. The child can’t legally hold title. A guardianship or conservatorship gets involved, often the exact outcome you were trying to avoid.
You have a blended family. If you remarry and want to leave the house to children from a prior marriage, the TODD alone doesn’t protect against a claim from your surviving spouse under Georgia’s Year’s Support statute (O.C.G.A. § 53-3-1). A trust handles this. A TODD alone may not.
You might need Medicaid. A TODD doesn’t protect your home from Medicaid estate recovery. If Medicaid pays for your long-term care, Georgia can still pursue a claim against the home, and the TODD doesn’t prevent it.
You want to control timing or conditions. A TODD transfers the property outright at death. It cannot say “my kids get the house at age 30” or “they get the house only if they finish college.” A trust can. A TODD cannot.
You could become incapacitated before you die. A TODD does nothing while you’re alive but can’t manage your affairs. A revocable trust combined with a financial power of attorney covers both death and incapacity.
TODD vs Revocable Living Trust
This is the most common comparison. Here’s how they actually differ:
| Feature | TODD | Revocable Living Trust |
|---|---|---|
| Covers | One property per deed | All your assets |
| Cost | ~$100 filing plus prep | $5,000 to $8,000+ full plan |
| Avoids probate on | The named property only | Everything retitled into the trust |
| Handles incapacity | No | Yes |
| Privacy | Public record | Private |
| Timing control | Transfers immediately at death | Can delay, stage, or condition |
| Blended family protection | Limited | Strong |
| Medicaid protection | No | No (same as TODD) |
| Works for minor beneficiaries | Poorly | Yes, with trustee |
The quick decision:
- Own one house, pass to adult kids, don’t need to avoid probate on other assets? TODD.
- Own a house plus retirement accounts plus investments, want one clean plan for the whole estate? Revocable trust.
- Blended family, minor beneficiaries, or incapacity concerns? Revocable trust.
How to File a Valid TODD in Georgia
A Georgia TODD has to meet specific statutory requirements. Miss one and the TODD is void. Here’s what the deed has to include:
- The grantor’s name, which is you, the current owner.
- A legal description of the property, the same language used on your current deed, pulled from the county clerk’s records.
- One or more named beneficiaries. You can name primary and alternate beneficiaries. You can specify percentage shares.
- A statement of testamentary intent, a clause saying the transfer takes effect at death, not before.
- Your signature, witnessed and notarized under Georgia’s deed execution rules.
- Recording in the Superior Court clerk’s office of the county where the property is located, during your lifetime. A TODD not recorded before death has no legal effect.
The filing fee is typically under $100. The Superior Court clerk stamps the deed into the public real property records. That’s the moment the TODD becomes legally effective.
How to Revoke a TODD
A TODD is fully revocable. You have three ways to undo it:
- File a formal revocation deed in the same Superior Court clerk’s office where you recorded the TODD. This is the cleanest method.
- File a new TODD that supersedes the old one. The most recently recorded TODD controls.
- Transfer the property during your lifetime. If you sell the house, the TODD is automatically void. The beneficiary doesn’t inherit a property you no longer own.
Note: a will does not revoke a TODD. Even if your will says “my house goes to my spouse,” the TODD beneficiary still takes the house. Always update the TODD directly at the county clerk’s office if you change your mind about who should inherit.
The Bottom Line on the Georgia TODD
The Georgia TODD is the cleanest, cheapest way to pass a single property to your kids outside probate. For the right family (a simple estate, adult beneficiaries, one property, no incapacity or Medicaid concerns), it does the job for around $100.
For everything more complex, a revocable trust still does more: it handles the rest of your estate, covers incapacity, keeps things private, and gives you control over timing. Neither tool is better. They solve different problems.
If you’re not sure which one fits your situation, that’s exactly what the Family Protection Audit answers. The audit fee is $500, credited toward any plan if you move forward.