How to Transfer Rental Properties into a Trust in Georgia

Transferring a rental property into a trust requires recording a new deed that changes title from your personal name to your trust. The trust document itself does not transfer the property — only a recorded deed does. Specific steps apply, along with a Georgia transfer tax exemption and requirements for what the deed must say.

By Melissa Breyer, Esq. 8 min read

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A trust only protects what is inside it. For Georgia rental properties to be covered by a revocable living trust, a new deed must be recorded transferring ownership from your name to the trust. Signing the trust document is not enough. The deed transfer is the step that makes it work.

The most common gap in real estate investor estate plans is exactly this: the investor signed the trust, the trust sat in a drawer, and the properties were never transferred. When the investor died, the properties went through probate — all of which were supposed to be covered by a trust signed years earlier.

A deed transfer involves specific steps, a specific cost, and each property requires its own deed.

What Transferring a Property into a Trust Actually Means

A deed is the legal document that shows who owns a piece of real property. To transfer a Georgia rental property into a trust, a new deed must be drafted, signed, and recorded in the county where the property is located. Three things must happen for the transfer to be complete — drafting the deed, signing and notarizing it, and recording it with the county clerk.

A signed but unrecorded deed does not transfer ownership. It is not enough to have the deed drafted. It must be filed with the county. Recording is what makes the trust’s ownership official in the public record.

One Deed Per Property

Each property requires its own deed transfer. A single document cannot transfer multiple Georgia properties. A trust document that says “I place all my real property into this trust” does not accomplish a deed transfer — it is a statement of intent, not a legal conveyance.

An investor with five rental properties needs five separate deeds, each describing the specific parcel being transferred, each recorded in the county where that property sits. Five properties = five deed recordings = five recording fees.

What the Deed Must Contain

A Georgia warranty deed transferring property into a trust must include:

  • The grantor (you, the current owner)
  • The grantee (your trust, identified by its full legal name — e.g., “The John Smith Revocable Living Trust dated January 1, 2024”)
  • The full legal description of the property (not just the street address)
  • The consideration (in Georgia, typically a nominal amount or “love and affection” for family transfers)
  • A PT-61 Real Estate Transfer Tax form — required for all recorded deeds in Georgia even when no actual sale price exists

The legal description comes from the existing deed — the one in your name. It is not the same as the address. Using the address alone is insufficient and will cause the deed to be rejected or challenged.

The Recording Process in Georgia

1

Draft the new deed

The deed names the trust as the new owner with the full legal description. A PT-61 transfer tax form is prepared simultaneously.

2

Sign and notarize

You sign the deed as the current owner (grantor) in front of a notary and two witnesses. This is required under Georgia law for a valid deed execution.

3

Record with the county clerk

The deed and PT-61 are filed with the Superior Court Clerk’s office in the county where the property is located. Recording fees vary by county.

4

Confirm recording

After recording, the clerk stamps the deed with the recording date and book/page reference. The original is returned to you. The transfer is now official in the public record.

What Changes After the Deed Transfer

After the deed is recorded, the trust owns the property. Your successor trustee has authority over it at your death — immediately, without probate. What does not change: your mortgage (if any) stays in your name, your property taxes stay the same, and your homestead exemption is unaffected for your primary residence.

Your lender’s due-on-sale clause is not triggered by a transfer into a revocable living trust. Federal law (the Garn-St. Germain Depository Institutions Act) specifically exempts transfers into revocable trusts where the borrower remains the beneficiary and occupant. For a full overview of what a complete investor estate plan includes beyond the deed transfer, see What an Estate Plan for a Georgia Real Estate Investor Actually Includes. For a broader explanation of how this connects to your portfolio protection strategy, see Estate Planning for Real Estate Investors in Georgia.

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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

Transferring a rental property into a trust means recording a new deed that names the trust as the owner of the property. The trust document alone does not transfer ownership — a deed must be drafted, signed, notarized, and recorded with the county clerk’s office where the property is located. Until the deed is recorded, the property is still in your personal name and goes through probate when you die.

Each Georgia rental property needs a separate deed transfer into the trust. Each property requires its own deed transfer. A single document cannot transfer multiple properties. An investor with five rental properties needs five separate deeds, each describing the specific parcel being transferred and each recorded in the county where that property is located. A trust document that states intent to include all property is not a legal conveyance and does not accomplish the transfer.

Transferring a rental property into a trust does not trigger the mortgage’s due-on-sale clause. Federal law, the Garn-St. Germain Depository Institutions Act, specifically exempts transfers into revocable living trusts where the borrower remains the beneficiary of the trust. Your lender cannot call the loan when you transfer a rental property into your own revocable living trust. You should notify your lender and provide a copy of the trust document as a best practice, but the transfer does not constitute a default under your mortgage.

A PT-61 is Georgia’s Real Estate Transfer Tax form, required for all recorded deeds regardless of whether an actual sale occurred. For a transfer from your personal name into your own trust, the transfer tax is typically nominal or zero because there is no consideration changing hands between unrelated parties. The form must still be filed. Submitting the deed without the PT-61 will result in rejection by the county clerk’s office.

A rental property that was never transferred into the trust stays in the owner’s personal name. When the owner dies, the property goes through probate — regardless of what the trust document says. The trust does not protect it. The family has no access to the property or its rental income for the duration of the probate proceeding, typically 9 to 18 months. The unfunded property is treated the same as if no trust existed at all.

The cost of a Georgia deed transfer includes attorney fees to draft the deed, notarization, and county recording fees. Recording fees vary by county but are typically a flat $25 per deed in most Georgia counties. Attorney fees to draft a deed transfer depend on the complexity and the number of properties involved. When completed as part of a full estate plan, deed transfers for multiple properties are typically included in the overall plan fee.

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