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Georgia Transfer-on-Death Deed — Name a Beneficiary, Skip Probate

As of July 1, 2024, Georgia homeowners can pass property directly to a named beneficiary at death — no probate, no will contest, no attorney retainer. Flat $249. Your TOD deed in 2 business days. Recorded with the county clerk after you sign.

Order Your TOD Deed — $249 Or call us at (404) 939-6223 →
  • Deed in 2 business days
  • All 159 Georgia counties
  • ClearPath Guarantee

What is a Transfer-on-Death deed?

A Transfer-on-Death deed — sometimes called a "TOD deed" or "beneficiary deed" — names a person who will automatically own your Georgia property the moment you die. You don't give up anything during your lifetime. You still own it. You can sell it, refinance it, rent it, or revoke the TOD deed any time, without your beneficiary's permission.

The transfer only happens when you die, and only if the TOD deed is still on record at that time. Your beneficiary doesn't need to go through probate to receive the property — they file a short affidavit and a death certificate with the county, and title is theirs.

Georgia recognized TOD deeds through the Transfer-on-Death Deed Act (HB 1247), which became law on July 1, 2024. Before that date, a Georgia homeowner who wanted to pass real estate outside probate had to rely on a will (which still triggers probate), a living trust (expensive, complex), or a quitclaim during life (which gives up control and creates adverse tax consequences). TOD deeds are cleaner.

Why Georgia homeowners use TOD deeds

Avoid probate

Probate in Georgia can take 6–12 months and cost thousands in court fees and attorney time. A TOD deed bypasses probate entirely — your beneficiary receives the property with just a death certificate and a short affidavit.

Far cheaper than a trust

A living trust costs $1,500–$3,000 to set up and requires re-titling every asset. A TOD deed costs $249 and does the same job for a single property.

Fully revocable

Change your mind? Change beneficiaries? Sell the house? Do any of the above without anyone's permission. You remain the sole owner.

Simpler than a will

Wills still go through probate. A TOD deed bypasses probate completely for the property it covers.

How we prepare your TOD deed

Three steps. Start to finish in about 2 weeks.

  1. takes ~5 minutes

    Step 1 — Share property and beneficiary details

    Complete our online form: property address, current owner's name, and who you want to name as beneficiary (or beneficiaries — you can name more than one).

  2. ready in 2 business days

    Step 2 — Receive your TOD deed

    We review your property record, prepare a TOD deed that meets Georgia's statutory requirements, and email it to you with clear signing instructions.

  3. recording up to 1 week

    Step 3 — Sign, notarize, and we record it

    Sign in front of a notary and one witness (Georgia's execution requirement), ship it back using our prepaid FedEx label, and we file it with your county clerk. A recorded copy arrives by email when it's official.

TOD deed vs. the alternatives

  TOD Deed Will Living Trust Joint Tenancy
Avoids probate ✓ ✗ ✓ ✓
Cost to set up $249 $500–$1,500 $1,500–$3,000 Deed fee
You keep full control while alive ✓ ✓ Partial ✗ (shared)
Can be revoked anytime ✓ ✓ ✓ ✗ (both must agree)
Beneficiary creditors can reach it now ✗ ✗ ✗ ✓
Good for single property ✓ — Overkill —
Good for multiple assets — ✓ ✓ —
Requires ongoing maintenance ✗ ✗ ✓ ✗

A TOD deed is the right tool for the simple case: you own a home, you want one person (or a small group) to inherit it, and you don't want them dealing with probate. For larger estates with multiple properties, business interests, or complex beneficiaries, a trust is usually the better fit — and we'll tell you so.

Is a TOD deed right for you?

Good fit

  • Single-family home or one piece of Georgia real estate
  • Clear beneficiary (adult child, spouse, sibling, trusted friend)
  • You want to keep full ownership and control while alive
  • You want to avoid probate for this property specifically
  • The property has no pending litigation or ownership disputes

Not a fit

  • Property is outside Georgia (TOD laws vary state to state)
  • You want the beneficiary to inherit conditions or obligations (use a will or trust)
  • The beneficiary is a minor (needs a trust or guardianship structure)
  • You own multiple properties and want a unified estate plan (trust is better)
  • Ownership is contested or in litigation

If you're not sure, call us at (404) 939-6223 — 10 minutes on the phone with a title examiner will tell you whether a TOD deed fits.

What's included — flat $249

  • Title record review on your property before drafting
  • Custom-drafted Georgia TOD deed meeting the Uniform Real Property Transfer on Death Act requirements
  • Plain-English signing instructions (notary + one witness)
  • Prepaid FedEx return label
  • County eFiling and recording (per HB 1292, effective Jan 1, 2025)
  • Recorded copy emailed to you
  • Lifetime customer support — revoke or replace the deed later at a reduced rate
  • ClearPath Guarantee (60 days, money-back)

Rush option — $329

Priority queue ahead of standard orders, deed drafted in 1 business day, priority recording support, and same-day response to questions.

Order Your TOD Deed — $249 Upgrade to Rush — $329

We file in every Georgia county — including Fulton, Cobb, Gwinnett, DeKalb, and Chatham.

Georgia TOD Deed — Frequently Asked Questions

When did Georgia start recognizing TOD deeds?
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 couldn't be recorded. Any TOD deed signed and recorded on or after July 1, 2024 is enforceable under Georgia law.
Does a TOD deed affect my property taxes or homestead exemption?
No. Because ownership doesn't transfer until death, you keep your homestead exemption, your property tax assessment doesn't change, and there's no gift-tax implication during your lifetime.
Can I name more than one beneficiary?
Yes. You can name multiple beneficiaries — as co-owners, in specific shares, or with contingent beneficiaries (who inherit if the primary beneficiary predeceases you). We'll walk you through the options on the intake form.
Can I revoke or change the TOD deed later?
Yes, anytime, as long as you're the sole owner and mentally competent. Revocation is done by recording either a formal revocation document or a new TOD deed that supersedes the old one. We handle revocations and replacements at a reduced rate for existing customers.
Does the beneficiary have any rights while I'm alive?
No. Until you die, the beneficiary has no ownership interest, no right to sell, no right to enter the property, and no right to any rent or income. They also can't be reached by their own creditors through the TOD deed — which is a major advantage over joint tenancy.
What happens if my beneficiary dies before I do?
If you named only one beneficiary and they predecease you, the TOD deed lapses and the property passes under your will or by Georgia intestacy law. You can prevent this by naming a contingent beneficiary on the original deed — ask us about it when you order.
Is a TOD deed better than putting the property in my beneficiary's name now?
Yes, for most people. Adding someone to your deed during your lifetime creates a gift, potentially triggers gift tax reporting, exposes the property to their creditors, and requires their signature to sell or refinance. A TOD deed avoids all of that — you keep full control, and transfer only happens at death.
Do I still need a will if I have a TOD deed?
Yes. A TOD deed only covers the property named in the deed. Everything else — cars, bank accounts, personal property, other real estate — still needs a will (or other estate planning). Think of a TOD deed as one tool in your estate plan, not the whole plan.
How does the beneficiary claim the property after my death?
They record a death certificate and a short "affidavit of survivorship" at the county clerk's office. No probate filing, no attorney required, no court approval. In most Georgia counties, the whole process takes 2–3 weeks.
Can a TOD deed be contested?
Yes, but it's harder than contesting a will. Like any deed, it can be challenged for fraud, undue influence, or lack of mental capacity at the time of signing. Proper execution (notary + witness) and a clear record go a long way toward heading off challenges — both of which we handle.

Ready to set up your Georgia TOD deed?

  • $249 flat rate
  • Deed in 2 business days
  • 100% remote
  • ClearPath Guarantee
Order Your TOD Deed — $249 Or call us at (404) 939-6223 →

Other Georgia deed types we prepare