Georgia Transfer on Death Deed

• Notary: Required.^[1]
• Witnesses: An unofficial witness.^[1]
• Recording: The owner of the property must record a deed with the county recorder’s office for the county where the property is located.^[2]
• Executing: To accept the property, the beneficiary must record an affidavit and related documents with the office of the county clerk within nine months of the grantor’s death.^[3]

A transfer on death deed must include a legal description of the real property being transferred. A legal description provides exact details of the property’s boundaries, location, and physical qualities and can be found on the property deed or obtained through the county recorder’s office.

Example

“Lying and being in the 1117th District G.M.;Hart County, Georgia, containing 22.18 acres. Clearly shown and delineated as Tract 1 on plat. Dated August 1,1983. Recorded in Plat Book 2-C, page 173 in the office of the Hart County Superior Court clerk”

A transfer on death deed may be revoked or changed by:

1. By recording a revocation document with the county clerk; or
2. By recording a subsequent transfer-on-death deed to overwrite the previous one.

A transfer on death deed may not be revoked by the provisions of a will.^[4]

A transfer on death deed has to be recorded prior to the property owner’s death at the office of the county recorder where the property is located.