Estate · Transfer-on-Death Deed
Transfer-on-Death Deed in Georgia
Whether Georgia lets you pass a home with a transfer-on-death deed, the formalities that make it valid, the Medicaid and creditor exceptions, and the workaround if it is not allowed. Cited to the statute or the controlling practice.
The rules and exceptions in Georgia
What makes the deed valid here, when it does not work, and the Medicaid and creditor details that matter.
| The rule in this state | What it means |
|---|---|
| Signed before two witnesses, one a notary | The deed must be signed by the record owner in the presence of two witnesses, one of whom is a notary public (§44-17-2). Georgia layers witness formalities on top of notarization. |
| Names a grantee beneficiary | The deed designates one or more grantee beneficiaries to receive the property at the owner’s death. During the owner’s life, only the owner is treated as the legal and equitable owner. |
| Recorded before death | The deed must be executed, attested, and recorded with the clerk of superior court of the county where the property is located before the owner dies. An unrecorded deed has no effect. |
| Beneficiary must claim within nine months | After the owner’s death, the beneficiary must record an affidavit, with a redacted death certificate, within nine months. If they miss that window, the interest reverts to the owner’s estate. |
| Key details and exceptions | What it means |
|---|---|
| New law, not the old workaround | Before July 1, 2024, transfer-on-death and enhanced life estate (Lady Bird) deeds had no legal effect in Georgia. The 2024 statute created the tool, so older forms recorded before that date did not work. |
| Fully revocable, but not by will | The owner may revoke by recording a revocation or a later transfer-on-death deed, which revokes earlier designations for the property. A will cannot revoke the deed. |
| Beneficiary takes subject to debts | Nothing passes during the owner’s life, and the beneficiary takes the property subject to the owner’s mortgages, liens, and other claims that attach to it. |
| Medicaid estate recovery | Georgia Medicaid estate recovery can reach assets that pass outside probate, so a transfer-on-death deed does not by itself shield the home. Weigh it against a trust if recovery is a concern. |
What you can do right now
Concrete, neutral steps to pass a home outside probate in Georgia. This is legal information, not legal advice.
- Use a form built for the 2024 statute
Georgia only recognized transfer-on-death deeds starting July 1, 2024. Start from a form written for O.C.G.A. Chapter 17, not an old out-of-state template.
- Get two witnesses and a notary
Sign the deed before two witnesses, one of whom is a notary, then record it with the clerk of superior court before you die. Miss a witness and the deed can fail.
- Tell your beneficiary about the nine-month deadline
After your death the beneficiary has nine months to record a claim affidavit. If they miss it, the property reverts to your estate and probate is back in play.
- Talk to a Georgia estate attorney about recovery
The deed does not automatically defeat Medicaid estate recovery. A licensed Georgia estate attorney can compare it to a trust. The State Bar of Georgia can point you to a referral service.
A deed that misses a witnessing or recording rule can be void, and Medicaid recovery can undo the plan. This resource can connect you with a licensed estate attorney.
→ State Bar of Georgia · For the PublicThis is general legal information, not legal advice. Witnessing rules, recording deadlines, Medicaid recovery, and spousal rights can change the answer, so confirm your plan with a licensed attorney.
What people get wrong about Georgia TOD deeds
Georgia is a recent addition to the states that allow a transfer-on-death deed. A new law at O.C.G.A. §44-17-1 and following, effective July 1, 2024, lets a record owner name a grantee beneficiary who takes the property at death without probate. This is a real change: before that date, transfer-on-death and Lady Bird deeds had no effect in Georgia. Georgia is stricter than most on signing. The deed must be signed before two witnesses, one of whom is a notary, and it must be recorded with the clerk of superior court before you die, or it has no effect. You keep full ownership during life and can revoke by recording a revocation or a later deed, but not by will. One deadline catches families off guard: after your death the beneficiary has nine months to record a claim affidavit with a redacted death certificate, and missing it sends the property back to your estate. The deed also does not by itself defeat Medicaid estate recovery.
Common questions
Can I use a transfer-on-death deed in Georgia?
Yes, as of July 1, 2024. Georgia enacted a transfer-on-death deed law at O.C.G.A. §44-17-1 and following. The deed must be signed before two witnesses including a notary, and recorded before death.
Did Georgia allow TOD deeds before 2024?
No. Before July 1, 2024, transfer-on-death and Lady Bird deeds had no legal effect in Georgia. The 2024 statute created the tool, so it only works for deeds that meet the new law.
What is the nine-month deadline on a Georgia TOD deed?
After the owner dies, the beneficiary must record a claim affidavit, with a redacted death certificate, within nine months. If they miss that window, the property reverts to the owner’s estate.
Can I revoke a Georgia transfer-on-death deed?
Yes, during your life. You revoke by recording a revocation or a later transfer-on-death deed, which overrides earlier designations. You cannot revoke it through your will.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.