As of July 1, 2024, Georgia allows property owners to use a Transfer on Death (TOD) deed—a simple tool to transfer real estate upon death without probate.
If you own property in Georgia and want to make sure it passes to a loved one without the hassle and cost of court proceedings, a TOD deed might be the right option.
New Law: How TOD Deeds Became Legal in Georgia
During the 2024 legislative session, HB 1247 morphed into SB 420, which passed both houses and was signed into law by the Governor. The new law creates Chapter 17 within Title 44 of the Georgia Code and formally authorizes the use of Transfer on Death deeds.
Previously, these deeds—commonly referred to as Lady Bird Deeds (technically enhanced life estates)—were not valid in Georgia. The passage of this law brings Georgia in line with many other states that offer TOD deeds as a probate-avoidance tool.
What Is a TOD Deed in Georgia?
A Transfer on Death deed (also called a beneficiary deed) lets you name a person who will inherit your real estate automatically when you die. This transfer avoids probate and keeps you in full control of your property during your lifetime.
This is a major shift in Georgia law. Before this change, property transfers at death typically required:
- A will (which goes through probate)
- Joint ownership
- A living trust
With the new law, TOD deeds offer a simpler, cheaper alternative for many homeowners.
How a TOD Deed Works in Georgia
Here’s how it works:
- You sign and record a TOD deed during your lifetime.
- You keep full control of the property—you can sell, refinance, or revoke the deed at any time.
- When you pass away, the named beneficiary automatically becomes the legal owner.
- No probate is required.
Key Features:
- Effective only at death
- Revocable anytime
- Avoids probate court
- Does not affect your mortgage
- Only applies to real estate
Who Should Consider a TOD Deed?
A TOD deed is a good option if you:
- Own real estate in Georgia
- Want a simple way to leave your home to someone
- Prefer to avoid probate costs and delays
- Don’t need complex estate planning tools like trusts
It’s especially useful for:
- Single individuals with one or two heirs
- Seniors looking for a low-cost probate avoidance strategy
- Parents who want to leave property to children
Requirements for a Valid TOD Deed in Georgia
To be valid, a TOD deed must:
- Be in writing
- Clearly state that it is a Transfer on Death deed
- Include a named beneficiary
- Be signed and notarized by the property owner
- Be properly recorded with the county clerk where the property is located
The beneficiary does not need to sign or accept the deed during your lifetime.
Can You Revoke or Change a TOD Deed?
Yes. As long as you’re alive and have capacity, you can:
- Revoke the TOD deed entirely
- Record a new TOD deed to change the beneficiary
- Sell or transfer the property, which overrides the TOD designation
Nothing is locked in until your death.
What Happens When the Owner Dies?
After your death:
- The beneficiary files your death certificate with the county.
- Title to the property passes automatically.
- There’s no need for court approval or probate.
However, the property is still subject to any debts or liens attached to it.
Pros and Cons of TOD Deeds
Pros:
- Avoids probate
- Simple and low-cost
- Fully revocable
- Maintains full ownership control during life
- No need to create a trust
Cons:
- Only works for real estate
- Not ideal for complex family situations or blended families
- Doesn’t protect against creditors
- May not be suitable for minor or disabled beneficiaries
TOD Deed vs. Other Estate Planning Tools
| Feature | TOD Deed | Will | Living Trust |
|---|---|---|---|
| Avoids Probate | ✅ Yes | ❌ No | ✅ Yes |
| Revocable | ✅ Yes | ✅ Yes | ✅ Yes |
| Private | ✅ Yes | ❌ No (public record) | ✅ Yes |
| Covers Only Real Estate | ✅ Yes | ❌ No | ❌ No (can cover all assets) |
Does a TOD Deed Replace a Will or Trust?
No. A TOD deed only affects real estate. You’ll still need a will or trust to cover your other assets (bank accounts, personal property, etc.), appoint guardians, and name an executor.
A TOD deed should be part of a larger estate plan, not a complete replacement.
Need Help Creating a TOD Deed in Georgia?
At Hurban Law, LLC, we help clients use TOD deeds effectively—making sure they’re valid, properly recorded, and aligned with your broader estate plan. A TOD deed is a powerful tool, but it must be used the right way.
If you’re thinking about using a Transfer on Death deed to avoid probate in Georgia, we can guide you through the process.
Contact us today to protect your property and simplify your legacy.
