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Georgia's Transfer-on-Death Deed Law

As of July 1, 2024, Georgia homeowners can name a beneficiary to inherit their property and skip probate entirely. Here's how the new law works.

Georgia's Uniform Real Property Transfer on Death Act took effect July 1, 2024. For the first time, a Georgia homeowner can record a deed that names a beneficiary to receive their property at death — automatically, without probate — while keeping full ownership and control during their lifetime. It's revocable anytime, generally doesn't affect your taxes or homestead exemption, and the beneficiary gets no rights until you pass.

What changed on July 1, 2024

Before mid-2024, Georgia had no transfer-on-death deed. Homeowners who wanted to pass property outside of probate had to use workarounds — a living trust, joint tenancy with right of survivorship, or simply adding an heir to the deed — each with real downsides, from legal cost to loss of control to exposing the property to an heir's creditors.

The Uniform Real Property Transfer on Death Act gave Georgia a cleaner tool. A TOD deed (sometimes called a beneficiary deed) lets you name who gets the property when you die, recorded now but with no effect until death. It slots in alongside the options other states have had for years.

How a Georgia TOD deed works

  • 1. You name a beneficiary (or several, with shares and contingent beneficiaries) in a deed that you sign before a notary and one witness, then record with your county clerk.
  • 2. Nothing changes during your life. You stay the full owner — free to sell, refinance, rent, or revoke. Your homestead exemption and tax assessment generally remain untouched.
  • 3. At your death, the property passes automatically to your beneficiary, outside probate. They typically record proof of death and the appropriate affidavit, and title is theirs — usually within a few weeks.

What about a "lady bird deed" in Georgia?

A lot of Georgians search for a "lady bird deed" — an enhanced life estate deed used in a few other states. Georgia does not recognize lady bird deeds. But the goal people have when they look one up — pass my home to my kids at death, keep control while I'm alive, skip probate — is exactly what the new transfer-on-death deed delivers.

So if you came here looking for a Georgia lady bird deed, the TOD deed is your answer. It's the same outcome, and it's now firmly grounded in Georgia statute.

Georgia transfer-on-death deed law — common questions

When did transfer-on-death deeds become legal in Georgia?
Georgia’s Uniform Real Property Transfer on Death Act took effect July 1, 2024. Before that date, TOD deeds were not valid in Georgia and county clerks would not record them. Any TOD deed properly signed and recorded on or after July 1, 2024 is enforceable under Georgia law.
Does Georgia recognize a "lady bird deed"?
No. A lady bird deed (an enhanced life estate deed) is recognized in only a handful of states — Georgia is not one of them. People searching for a Georgia "lady bird deed" are almost always looking for what the transfer-on-death deed now does: pass property to a beneficiary at death, while you keep full control during your lifetime. Since July 2024, the TOD deed is Georgia’s tool for that.
How does a TOD deed avoid probate?
A TOD deed names a beneficiary who automatically receives the property at your death — the transfer happens outside your will, so it never enters probate. To claim it, your beneficiary typically records proof of death (a death certificate) and the appropriate affidavit with the county clerk, and title passes to them outside any probate proceeding.
Do I keep control of my property after signing a TOD deed?
Yes — completely. While you’re alive you remain the full owner. You can sell, refinance, rent, or mortgage the property, and you can revoke or change the TOD deed at any time. The beneficiary has no ownership interest and no rights until you die. And because no transfer happens during your lifetime, recording a TOD deed generally doesn’t affect your homestead exemption or your property-tax assessment.
Is a TOD deed better than adding my heir to the deed now?
For most people, yes. Adding someone to your deed during your lifetime creates a gift, can trigger gift-tax reporting, exposes the property to that person’s creditors and divorces, and means you need their signature to sell or refinance. A TOD deed avoids all of that — you keep total control, and the transfer happens only at death.
Do I still need a will if I have a TOD deed?
Yes. A TOD deed only governs the specific property named in it. Everything else — other real estate, vehicles, bank accounts, personal property — still passes under your will or by Georgia intestacy law. Think of a TOD deed as one tool in your estate plan, not the whole plan.
How much does a transfer-on-death deed cost in Georgia?
We prepare and record a Georgia TOD deed for a flat $249 — the same as our other deeds — including title review, attorney drafting, and recording. Specialty estate-planning firms often charge several times that for the same document. See our transfer-on-death deed service for what’s included.

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Name your beneficiary, skip probate

We prepare and record your Georgia transfer-on-death deed under the 2024 Act for a flat $249 — attorney-drafted, ready in 2 business days, recorded in all 159 counties.

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