Georgia Transfer-on-Death Deed: Avoid Probate with a TOD Deed (O.C.G.A. § 44-17-1)

Effective July 1, 2024, Georgia homeowners gained a powerful new estate planning tool: the Transfer-on-Death Deed (TOD Deed). Authorized under O.C.G.A. § 44-17-1 through § 44-17-7, this deed lets you pass your real estate directly to a named beneficiary when you die — without the time, expense, and public exposure of probate court.

What Is a Georgia Transfer-on-Death Deed?

A Transfer-on-Death Deed is a revocable deed you sign and record while you are alive. It names one or more beneficiaries who will inherit the property automatically at your death. You keep full control of the property during your lifetime — you can sell it, refinance it, or revoke the deed at any time without telling your beneficiary. The beneficiary has no rights until you pass away.

What Is It Used For?

The TOD Deed is designed for a straightforward purpose: to transfer real estate outside of probate. Common uses include:

• Passing a family home to an adult child without court involvement
• Leaving a vacation cabin or rental property to a sibling or trusted friend
• Naming a trust as the beneficiary for more complex estate plans
• Avoiding the cost and delay of probate for a single property (recording fees around .50 for the first page plus per additional page)

While the TOD Deed is an excellent tool for a single property, it is not a substitute for a comprehensive estate plan. Property owners with multiple properties, blended families, or incapacity concerns should consult an attorney.

Why Does Georgia Law Require Notarization?

Under Georgia law, every deed must be signed by the grantor (owner) in the presence of two witnesses, at least one of whom must be an official witness — a notary public, judge, magistrate, or court clerk (O.C.G.A. § 44-5-30 and § 44-2-15). The notary serves as that official witness and performs three critical functions:

• Identity verification: The notary confirms you are who you claim to be, preventing fraudulent transfers.
• Voluntary acknowledgment: The notary ensures you are signing freely and understand the document's effect.
• Recording eligibility: The Clerk of Superior Court will not accept an un-notarized deed for recording. Since the TOD Deed must be recorded before your death to be valid (this is the single most important rule), notarization is a practical necessity.

The notarization requirement protects both the property owner and the eventual beneficiary by creating a clear, verifiable chain of title that the county can rely on.

How to Get the Form

The statutory form for a Georgia Transfer-on-Death Deed is provided in O.C.G.A. § 44-17-3. You can view the full text of the statute — including the form's required language and notary block — on the Georgia Code website. Many title companies and estate planning attorneys can also prepare the deed with the correct statutory language.

Remember: a signed TOD Deed that is never recorded does nothing, even if it sits in a drawer for years. After you sign it before a notary and witness, it must be recorded with the Clerk of Superior Court in the county where the property is located — while you are still alive.

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