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) — 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. Recording fees vary by county:
- Fulton County: $25 for the first page, $2 for each additional page
- Cobb County: $25 base fee
- Gwinnett County: $25 base fee
- DeKalb County: $25 base fee
Most deeds record for $25 to $50 total. You pay the recording fee directly to the county — it does not go 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 $25 to $50
- Out-of-state deed preparation — requires local counsel licensed in that state
- Title insurance — optional, 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. For transfers into your own revocable trust, the transfer tax is $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.
