Georgia Transfer on Death (TOD) Deed: A New Way to Avoid Probate

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.

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:

1. The beneficiary files your death certificate with the county.
2. Title to the property passes automatically.
3. 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

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.