How to Transfer a Property Deed in Georgia
· 6 min read
Transferring a property deed in Georgia is not the same as selling a house. There’s no closing, no title insurance required, and in most cases no money changing hands. But there are several deed types to choose from, and picking the wrong one creates problems that can follow the property for years.
Here’s a plain-English walkthrough of how the process works, which deed type fits which situation, and what to watch out for.
What a deed transfer actually means
A deed transfer changes who is listed as the legal owner of a property in the county records. Once a new deed is signed, witnessed, notarized, and recorded with the Clerk of Superior Court, the change is permanent and public.
Common reasons Georgia homeowners transfer a deed:
- Adding or removing a spouse after marriage or divorce
- Gifting property to a child or other family member
- Moving a home into a trust or LLC
- Correcting a name or ownership error from a prior deed
- Designating a beneficiary who inherits the property at death (transfer-on-death deed)
- Removing a deceased co-owner from title
These are all deed transfers. None of them require a real estate closing.
The four Georgia deed types
Georgia recognizes four deed types you’re likely to encounter:
Quitclaim deed
The grantor (current owner) transfers whatever ownership interest they have — no promises about title quality included. Fast and clean when both parties trust each other.
Use it for: divorce transfers, adding or removing a spouse, gifting to family, moving property to a trust or LLC you own, name corrections.
Limited warranty deed
The grantor warrants the title only for the period they owned the property — not for any prior defects. This is the most common deed in residential Georgia real estate transactions.
Use it for: standard residential sales, estate planning transfers where some protection is appropriate.
General warranty deed
Full title protection. The grantor warrants against every defect, including issues that predate their ownership. Buyers in arm’s-length sales often request this.
Use it for: arm’s-length sales where the buyer wants maximum title protection.
Transfer-on-death (TOD) deed
Names a beneficiary who automatically inherits the property at the grantor’s death — no probate required. Legal in Georgia since July 2024 under OCGA §44-17-1 et seq.
Use it for: estate planning, avoiding probate while keeping full control of the property during your lifetime.
When a quitclaim deed is the right choice
A quitclaim deed is the correct instrument for most of the transfers we handle at ClearPathTitle. Here’s why:
The “no warranties” feature sounds like a downside, but it only matters when there’s a risk the grantor doesn’t actually own what they’re conveying. Between family members, spouses, or a person and their own trust or LLC, that risk is zero — you know exactly what you own.
Quitclaims are also faster and simpler to prepare because there’s no warranty language to negotiate. Courts in Georgia regularly uphold them, and county clerks accept them the same as any other recorded deed.
The short test: if money isn’t changing hands and both parties know the ownership history, a quitclaim deed is almost certainly the right deed.
If you’re unsure, an attorney can review your situation and confirm which type applies.
Step-by-step: how to transfer a deed in Georgia
1. Gather what you need
Before anything can be drafted, you’ll need:
- The current owner’s name(s) exactly as they appear on the existing deed
- The new owner’s name(s) exactly as they should appear going forward
- The property address and legal description (found on the existing deed or county tax records)
- The reason for the transfer (affects PT-61 form completion and any transfer tax exemption)
2. Have the deed drafted
An attorney prepares the deed — this is a legal document that creates or extinguishes property rights, and errors (misspelled names, wrong legal description, incorrect vesting language) cause title defects that are expensive to fix later.
The attorney also prepares the PT-61 form, which Georgia requires for every deed transfer. This form discloses the consideration (or lack of it) and is how the county determines whether transfer tax applies.
3. Review, sign, and notarize
You’ll receive the deed and PT-61 to review. When ready to execute:
- The grantor signs the deed
- One unofficial witness signs
- A notary public acknowledges the signature
In Georgia, the grantor’s signature must be witnessed and notarized. The grantee does not sign.
4. Record with the county
The signed, original deed and PT-61 are filed with the Clerk of Superior Court in the county where the property is located. As of July 2023, most Georgia counties accept eFiling, which means the deed can be submitted digitally and recorded the same day without a courthouse trip.
Once recorded, the deed is a permanent part of the public record.
5. Confirm recording
You receive a copy of the recorded deed — stamped with the deed book and page number where it’s filed. That confirmation is your proof the transfer is complete.
What does a deed transfer cost in Georgia?
The two main costs are attorney fees and county recording fees. Recording fees in Georgia run roughly $25–$50 per deed depending on the county and page count.
| Option | Cost | What you get |
|---|---|---|
| DIY forms | $0–$50 | Deed only — no title record review, no attorney drafting, no recording help |
| ClearPathTitle | $295 flat | Title record review, attorney-drafted deed, PT-61, eFiling, recording in all 159 counties |
| Law firm | $400–$700+ | Same result, usually slower, often billed hourly with a retainer |
Transfer tax in Georgia is $1 per $1,000 of consideration — but most of the transfers above are exempt because no money changes hands. Our attorney files the correct PT-61 exemption as part of every transfer.
Common mistakes to avoid
Using the wrong deed type. A quitclaim deed when a limited warranty deed is needed (or vice versa) isn’t always a disaster, but it can create friction if the property is sold later. Get an attorney’s sign-off on the deed type before you sign.
Getting the legal description wrong. The legal description is not the street address — it’s the metes-and-bounds or plat reference from the county records. Copying it from a tax notice instead of the recorded deed is a common error that leads to rejected filings or clouded title.
Skipping the PT-61. Georgia requires this form on every deed. Counties will reject a filing without it. The form must list the consideration, even if it’s $0 or $10 (nominal consideration).
Not recording. A deed that isn’t recorded protects the grantee against the grantor but not against a later creditor or buyer who records first. Record immediately.
This article is general information, not legal advice. For guidance on your specific situation, consult an attorney.