Can you use a transfer-on-death deed in Georgia?
Yes. In Georgia, an owner may title real estate in transfer-on-death form by executing, attesting and recording with the clerk of superior court before death a deed in substantially the statutory form, and the owner may revoke or change it at any time before death. Georgia’s transfer-on-death deed chapter took effect July 1, 2024 and was amended effective April 22, 2026. The statutory form is signed before an unofficial witness and a notary, an attorney in fact may not sign one for the owner, and no consideration or notice to the beneficiary is needed. Ownership passes only after the owner dies and each beneficiary who wishes to accept signs an affidavit, attaches the death certificate and records it with the clerk of superior court. A revocation must be signed before an officer and one other witness and recorded before death, a will cannot revoke the deed, and the owner remains the full owner as to creditors and purchasers during life. This is O.C.G.A. §§ 44-17-2, 44-17-3, 44-17-4, 44-17-7.
| What | Georgia |
|---|---|
| Transfer-on-death deed | Allowed; record before death, beneficiary must accept |
Source
O.C.G.A. §§ 44-17-2, 44-17-3, 44-17-4, 44-17-7
Read the statute in the Official Code of Georgia (Georgia General Assembly): legis.ga.gov.
The linked sections open Justia’s free copy of the code, because the state’s own site has no stable address for each section.
Checked against the statute on November 13, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
An owner on Seayora keeps each property’s owners of record, its entity and its documents in one place, so who holds title and how is on file beside the leases and the books.
Guides on this rule
- Joint Tenancy and Transfer-on-Death Deeds by State — How each state reads a deed to two or more people, survivorship rules, and where a transfer-on-death deed is allowed by statute.
Compare this rule in every state
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