Georgia Real Estate Deed

When transferring real estate ownership in Georgia, a properly executed deed is essential. Whether you're using a warranty deed or quitclaim deed, Georgia law requires specific formalities—including notarization—to make the transfer legally valid and recordable.

What Is a Real Estate Deed?

A deed is a legal document that transfers ownership of real property from one party (the grantor) to another (the grantee). In Georgia, the two most common types are:

• Warranty Deed — Provides the grantee with guarantees that the grantor holds clear title and has the right to sell the property.
• Quitclaim Deed — Transfers whatever interest the grantor has, without any warranties. Often used between family members or to clear title defects.

Why Does Georgia Law Require Notarization?

Under OCGA § 44-2-15 and OCGA § 44-5-30, a deed must be:

• In writing
• Signed by the grantor
• Attested by at least two witnesses, one of whom must be a notary public
• Notarized with an official seal

Without proper notarization, the deed cannot be recorded with the Clerk of Superior Court. Recording is critical because it provides public notice of the transfer and protects the grantee's ownership rights against later claims.

Additional Requirements in Gwinnett County

In Gwinnett County, any deed that changes ownership must also include a PT-61 Real Estate Transfer Tax Declaration. This form discloses the consideration (sale price) and determines whether transfer tax is owed. The PT-61 can be completed online through the Georgia Superior Court Clerks Cooperative Authority (GSCCCA) website.

Where to Find Official Deed Forms

The GSCCCA provides standardized deed forms for Georgia. You can download warranty deed and quitclaim deed templates directly from the GSCCCA deed and lien documents page. These forms comply with Georgia recording standards.

What to Bring to the Notary

When you're ready to sign your deed, bring:

• Valid government-issued photo ID (driver's license or passport)
• The completed deed form (unsigned — sign it in front of the notary)
• A second witness (the notary can serve as one witness, but you'll need another person present)

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