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Georgia Fiduciary Deed (Executor's / Administrator's Deed): Transferring Estate Property Under O.C.G.A. § 44-5-30

September 28, 2026

What Is a Georgia Fiduciary Deed?

A Georgia Fiduciary Deed — also called an Executor's Deed, Administrator's Deed, or Trustee's Deed — is a legal document used by a fiduciary to transfer real property from an estate or trust to a beneficiary or purchaser. This type of deed is essential when someone dies owning real estate and the property must be transferred through the probate process, or when a trustee distributes property held in a living trust.

The fiduciary who signs the deed may be:

  • Executor — appointed under a will to administer the deceased person's estate
  • Administrator — appointed by the probate court when someone dies without a will (intestate)
  • Trustee — named in a trust to manage and distribute trust assets
  • Personal Representative — the general term for an executor or administrator in Georgia probate proceedings

When Is a Fiduciary Deed Used?

Common scenarios include:

  • Selling estate property — The executor sells the deceased's home to pay debts, taxes, or administrative expenses
  • Distributing property to heirs — Transferring real estate directly to a beneficiary named in the will
  • Trust distributions — A trustee conveys real property from a trust to a trust beneficiary after the grantor's death
  • Intestate transfers — An administrator transfers property to the deceased person's legal heirs under Georgia's intestacy laws

Why Georgia Law Requires Notarization

Under O.C.G.A. § 44-5-30, any Georgia deed transferring real property must meet the following requirements:

  • Be in writing
  • Be signed by the grantor (the fiduciary)
  • Be attested by an authorized officer — such as a notary public, judge, or clerk of superior court
  • Be attested by at least one additional witness (who may be the notary in many Georgia counties)

In practice, most fiduciaries sign the deed before a notary public, who verifies the fiduciary's identity, confirms they are signing voluntarily and under proper authority, and completes the notarial certificate. The notarization ensures the deed is eligible for recording with the Clerk of Superior Court in the county where the property is located. Without proper notarization, the deed cannot be recorded, which means the transfer is not publicly documented and future title issues may arise.

Unlike a general warranty deed, a fiduciary deed contains no personal warranty from the fiduciary. The deed conveys only whatever interest the estate or trust held — protecting the fiduciary from personal liability for title defects that existed before their appointment.

How to Get a Georgia Fiduciary Deed

The fiduciary must first be formally appointed by the probate court (for executor/administrator deeds) or be serving under a valid trust agreement (for trustee deeds). The deed must then be prepared with the correct legal description of the property, signed by the fiduciary, notarized, witnessed, and recorded with the Clerk of Superior Court.

You can find standard Georgia Fiduciary Deed forms through legal document providers or work with a Georgia real estate attorney who can prepare the deed for your specific situation.

Official Resources

Need this document notarized? Find a trusted notary in your area on Notary of Gwinnett.