How Much Does It Cost to Transfer Property Into a Trust in Georgia

By Melissa Breyer, Esq. 7 min read

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Transferring rental properties into a trust in Georgia costs $550 per deed at The Hive Law. That fee covers deed preparation, notarization coordination, and county recording submission. A flat $25 county recording fee is additional. It is paid directly to the county courthouse.

Other estate planning attorneys in Georgia charge $750 to $1,500 per deed transfer. The total cost for your situation depends on how many properties you own, whether they are held personally or inside an LLC, and whether any are in other states.

A Georgia deed transfer into a trust includes specific costs, certain factors add to the cost, and skipping the transfer entirely carries its own cost.

What Does “Transferring Property Into a Trust” Mean in Georgia?

A deed transfer into a trust means preparing a new deed that changes the title of the property from your personal name to the name of your revocable living trust. In Georgia, this is a warranty deed or quitclaim deed signed by you as the grantor, naming your trust as the grantee.

The new deed must be recorded at the county courthouse where the property is located. Georgia also requires a PT-61 form (a Real Estate Transfer Tax Declaration) to be filed with every deed. For transfers into your own revocable trust, the transfer tax is $0 under O.C.G.A. § 48-6-2(a)(9), because the grantor-to-revocable-trust exemption applies.

Without the deed transfer, the property stays in your personal name. Your trust cannot control what happens to it. When you die, the property goes through probate regardless of what your trust says.

How Much Does a Deed Transfer Into a Trust Cost in Georgia?

At The Hive Law, a deed transfer into a trust costs $550 per property. That fee includes deed preparation, coordination with a notary for signing, and county recording submission.

County recording fees are charged by the courthouse and are not included in the flat fee. Georgia sets that fee by state law, so it does not change from one county to the next. It is a flat $25 per deed, however many pages the deed runs, under O.C.G.A. § 15-6-77(f)(1)(A)(i). You pay it straight to the county, not through the law firm.

For a complete breakdown of what a Georgia real estate investor’s estate plan costs in total, see How Much Does Estate Planning Cost for a Real Estate Investor in Georgia.

What Is Included in The Hive Law’s Deed Transfer Fee?

The $550 deed transfer fee covers deed preparation (warranty deed or quitclaim deed, depending on your situation), title review of the existing deed, PT-61 Transfer Tax form preparation, coordination with a Georgia notary for signing, and submission to the county recorder’s office.

What is not included:

  • County recording fees, paid directly to the courthouse, typically a flat $25
  • Out-of-state deed preparation, which requires local counsel licensed in that state
  • Title insurance, which is optional and purchased separately through a title company

The deed transfer service is available as a standalone service or as part of a complete estate plan. See Deed Transfer Into Your Trust for full details on what is included.

What Adds to the Cost?

The base deed transfer fee covers one Georgia property in your personal name. Several situations add to the total cost.

LLCs with rental properties do not require a deed transfer, but they do require an operating agreement review. If you own rental properties inside an LLC, the property title is already in the LLC’s name. To connect that LLC to your trust, the operating agreement must be reviewed and amended to authorize trust ownership. That review costs $1,250 per LLC at The Hive Law.

Multiple personal-name properties add a deed transfer fee for each. If you own five rental properties in your personal name, the deed transfer cost is $2,750 ($550 x 5).

Out-of-state properties require local counsel in each state. The Hive Law handles the Georgia trust coordination. The deed preparation in the other state is handled by an attorney licensed there. Out-of-state coordination at The Hive Law costs $1,100 per state.

What Does It Cost to Skip the Transfer?

Skipping the deed transfer does not eliminate cost. It delays it and adds court involvement.

A rental property in your personal name that is not transferred into a trust goes through probate when you die. Probate in Georgia takes 9 to 18 months and costs 3 to 7 percent of the estate’s value in attorney fees, court costs, and executor commissions.

  • Cost: 3 to 7 percent of the estate’s value in attorney fees and court costs
  • Timeline: 9 to 18 months before your family can sell or transfer the property
  • Control: your family cannot distribute rental income or sell the property while probate is open

On a $400,000 rental property, that is $12,000 to $28,000 in probate costs, compared to a $550 deed transfer today. Your tenants continue paying rent, but those funds cannot be distributed to your family until the estate closes.

For a complete overview of the property transfer process, see How to Transfer Rental Property Into a Trust in Georgia.

How to Transfer a Property Into a Trust in Georgia

1

Confirm your trust is signed and executed

The trust must be signed and notarized before any deed can be prepared. A deed transferred to an unsigned trust is legally invalid. Confirm the trust document is executed and in your possession before starting the deed transfer process.

2

Provide the existing deed and property address

Your attorney needs the current deed for each property. This confirms the legal description, the current owner of record, and the county where the new deed must be filed. A legal description mismatch between the existing deed and the new deed can invalidate the transfer.

3

Review and sign the new deed

Your attorney prepares the new deed naming your trust as the new owner. You sign as the grantor. The deed must be witnessed by two witnesses and notarized before it can be recorded. Georgia requires two witnesses for real property conveyances.

4

File the PT-61 form and record the deed

The PT-61 Transfer Tax Declaration is filed with the county at the same time as the deed. This transfer carries a Georgia transfer tax of $0. Recording confirms the new title in the public record. Most counties return the recorded deed within 2 to 4 weeks.

5

Notify your insurance carrier and lender

Update your landlord insurance policy to name the trust as an additional insured. Notify your lender that the deed has been transferred. Most residential loans have a due-on-sale clause, but federal law (the Garn-St. Germain Act) exempts transfers into a revocable trust where you remain the beneficiary. Your lender cannot call the loan due for a qualifying transfer.

To see what a complete estate plan for a real estate investor costs and what is included, visit How Much Does Estate Planning Cost for a Real Estate Investor in Georgia. To start the deed transfer process, visit Deed Transfer Into Your Trust.

$550 Per Deed Transfer
9-18 Mo. Probate Without the Transfer
$0 Georgia Transfer Tax (grantor-to-trust)

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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

The Hive Law charges $550 per property for a deed transfer into your trust. A flat $25 county recording fee is charged directly by the courthouse and is not included. If the property is inside an LLC, the operating agreement review costs an additional $1,250 per LLC. Out-of-state property coordination costs $1,100 per state.

Transferring property into a trust does not trigger transfer tax in Georgia. Under O.C.G.A. § 48-6-2(a)(9), transfers from a grantor into a revocable living trust are exempt from Georgia’s real estate transfer tax. The PT-61 form is still required. It just shows $0 tax due. The flat $25 county recording fee still applies.

No deed transfer is needed if the property is titled in the LLC’s name. The LLC already owns the property, not you personally. To connect that LLC to your trust, the operating agreement must be reviewed and amended to authorize trust ownership and include succession provisions. That review costs $1,250 per LLC at The Hive Law.

Most deed transfers are completed in 2 to 4 weeks from the date you sign the new deed. The timeline depends on the county recorder’s office. Some counties return the recorded deed in 1 to 2 weeks. Others take 3 to 4 weeks during busy periods. The legal description review and deed preparation typically takes 3 to 5 business days.

Your lender needs to know about the deed transfer. Notify your lender after the transfer. Most mortgage loans include a due-on-sale clause. However, the Garn-St. Germain Depository Institutions Act (federal law) exempts transfers into a revocable living trust where you remain the beneficiary. Your lender cannot accelerate the loan for a qualifying transfer. Provide your lender with a copy of the trust certificate and the recorded deed.

A mortgage does not prevent a deed transfer into a revocable trust in Georgia. The Garn-St. Germain Act protects this transfer from triggering the due-on-sale clause. Your existing mortgage stays in place after the transfer. The trust does not assume the debt, and your personal obligation on the loan does not change. Notify your lender and update your landlord insurance to name the trust as an additional insured.

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