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Transfer on Death Deed Laws in Georgia

Georgia allows transfer on death deeds since July 1, 2024, under O.C.G.A. 44-17-1 to 44-17-7, and the deed must be recorded with the clerk of superior court before the owner's death.

Last checked . General information, not legal advice.

Georgia at a glance

TOD deed allowed
Yes (since July 1, 2024)
Added by SB 420 (Act 496), effective July 1, 2024.
Uniform act adopted
No, own statute
Georgia's law was enacted as part of SB 420, its own statute in O.C.G.A. 44-17.
Recording rule
Before the owner's death
Must be executed, acknowledged and recorded with the clerk of superior court of the county where the property is located.

Sources

Last checked

The rules in Georgia

Does Georgia allow transfer on death deeds for real estate?

Yes (since July 1, 2024). TOD deed allowed in Georgia: yes (since july 1, 2024). Added by SB 420 (Act 496), effective July 1, 2024.

Has Georgia adopted the Uniform Real Property Transfer on Death Act?

No, own statute. Uniform act adopted in Georgia: no, own statute. Georgia's law was enacted as part of SB 420, its own statute in O.C.G.A. 44-17.

When must a transfer on death deed be recorded in Georgia?

Recording rule in Georgia: Before the owner's death. Must be executed, acknowledged and recorded with the clerk of superior court of the county where the property is located.

Where do the Georgia transfer on death deed laws come from?

The rules above come from O.C.G.A. 44-17-1 to 44-17-7. Each source is linked on this page. We last checked them in October 2026.

Good to know

After the owner's death, each beneficiary must sign an acceptance affidavit, attach a copy of the death certificate and record it with the clerk of superior court.

In 2026 the General Assembly passed HB 413, which revises the acceptance and revocation rules for these deeds.

What this means in practice

Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.

A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.

Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.