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How to Transfer Georgia Property to an LLC

The deed part is simple. The part that bites investors is the mortgage — here's how to do it right, due-on-sale clause and all.

To move Georgia property into an LLC, you record a deed — usually a quitclaim deed — naming the LLC as the new owner. If the property is paid off, it's straightforward. If it's mortgaged, stop and check your loan first: transfers to an LLC are not protected from the due-on-sale clause the way family and trust transfers are. Everything below walks through both cases.

The four steps

  1. 1

    Confirm the LLC exists and is in good standing

    Your LLC must be formed and active with the Georgia Secretary of State before it can take title. The new owner on the deed is the LLC’s exact legal name.

  2. 2

    Choose the deed type

    A quitclaim deed is the standard vehicle when you own the property and are moving it into your own LLC. A limited warranty deed is sometimes used when a lender or future buyer wants a warranty on your ownership period.

  3. 3

    Check your mortgage first

    If the property is financed, read the due-on-sale section of your loan (see the warning below). This is the step most people skip — and the one that matters most.

  4. 4

    Prepare, sign, and record

    The deed is drafted with the LLC as grantee, signed before a notary and one witness, the PT-61 is completed, and it’s eFiled with the county clerk.

Transferring Georgia property to an LLC — common questions

What kind of deed do I use to transfer property to my LLC in Georgia?
A quitclaim deed is the standard tool when you already own the property and are moving it into an LLC you control — no title warranty is needed because you’re transferring to yourself in a different legal form. A limited warranty deed is used when a lender or downstream buyer wants a warranty covering your ownership period. Our title examiner confirms which fits before drafting.
Will moving my property to an LLC trigger the due-on-sale clause?
It can. The federal Garn–St. Germain Act blocks lenders from calling a loan due on transfers to a spouse, child, joint tenant, or living trust — but transfers to an LLC are not on that protected list. That means moving a mortgaged property into an LLC can technically give the lender the right to demand full repayment. In practice many lenders don’t act if payments continue, but the risk is real. Talk to your lender — some will consent in writing — before you record. We’ll flag this on any financed property.
Is there transfer tax when I move property to my own LLC?
Usually not. Georgia’s transfer tax is $1.00 per $1,000 of consideration, and a transfer into an LLC you wholly own typically involves no consideration — so it’s generally exempt, claimed on the PT-61 form. One wrinkle: if the LLC takes the property subject to an existing mortgage, the debt can be treated as consideration in some cases. We complete the PT-61 and claim the correct treatment for your situation.
Does my title insurance carry over to the LLC?
Often not automatically. An owner’s title policy insures the named owner; once title moves to the LLC, the LLC may be a different insured. If you have an owner’s policy, check whether it covers a successor LLC or whether you need an endorsement. This matters most for investment property — ask your title insurer before transferring.
Why move rental property into an LLC at all?
Liability separation. Holding a rental in an LLC can keep a lawsuit or claim tied to that property from reaching your personal assets, and keeps each property’s exposure contained. It’s the most common reason Georgia investors quitclaim property into an LLC. (This is general information, not legal or tax advice — confirm the structure with your own advisor.)
How much does it cost to deed property to an LLC in Georgia?
Our flat $249 covers the deed drafting, title record review, the PT-61, eFiling, and the $25 county recording fee — the same as any other transfer. See our full cost breakdown for how recording fees and transfer tax work.

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