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Georgia: Deed Execution and Recording Formalities

verified against the statute 2026-07-16 6 statute sources

The short answer

In Georgia a deed must be a written instrument, signed by the maker and delivered, to pass title. To be recorded it must also be attested by an officer (such as a notary public) as provided in Code Section 44-2-15 and by one other witness — a rule tightened in 2015. Recording the deed with the clerk of the superior court does not change its effect between the buyer and seller; it protects the new owner against a later good-faith purchaser who takes without notice and records.

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This is the general rule in Georgia. Ezel applies current Georgia law to your specific facts and answers with citations to the statutes.

Governing law and deed scopeGeorgia keeps execution and recording in Title 44 ('Property'). The requisites of a deed to lands are in O.C.G.A. § 44-5-30; recording is in Chapter 2 of Title 44, with the clerk of the superior court as the recording officer (§ 44-2-2) and the officers who may attest listed in § 44-2-15. A common-law title state, not community property, with county-level recording. Scope here is an ordinary present fee-simple deed by an individual owner; security deeds, foreclosure, tax, and fiduciary instruments run on separate rules
Writing and grantor signatureA deed to lands must be 'an original document, in writing, signed by the maker,' and 'delivered to the purchaser or his or her representative' for a 'good or valuable consideration' (§ 44-5-30). No particular form or wording is required. Delivery is part of passing title. The maker's signature plus delivery is the core of validity between grantor and grantee; the attestation below is what makes the deed recordable
WitnessesOne witness plus an officer, and this goes to recording. Since a 2015 amendment (HB 322), § 44-5-30 requires a deed to be 'attested by an officer as provided in Code Section 44-2-15, and attested by one other witness' — replacing the old 'at least two witnesses' rule. The officer (typically a notary) and one additional witness watch the maker sign and sign as attesting witnesses. A deed the parties signed without proper attestation still passes title between them (§ 44-2-2), but it cannot be recorded (§ 44-2-14)
Acknowledgment or notarizationOfficer attestation or acknowledgment is required to record, and § 44-5-30 now writes the officer's attestation into the deed's own requisites. Before recording, a deed 'must be attested or acknowledged as provided by law' (§ 44-2-14). The authorized officers (§ 44-2-15) are 'a judge of a court of record, including a judge of a municipal court, or ... a magistrate, a notary public, or a clerk or deputy clerk of a superior court or of a city court.' A deed acknowledged after signing may still be recorded once the officer certifies that fact (§ 44-2-16)
Spouse, homestead, and marital joinderNo spousal-joinder requirement. Section 44-5-30 lists the requisites of an ordinary deed — a signed, delivered, attested writing by the maker — and does not require a nonowner spouse to sign. Georgia is not a community-property state, so an owner who holds title alone may convey without a spouse's signature. There is no dower or curtesy joinder that conditions an ordinary conveyance on a spouse joining the deed
Signing through an agent or representativeAn attorney-in-fact may execute the deed by signing the owner's name as agent; § 44-5-30 requires the deed to be 'signed by the maker,' which an authorized agent satisfies by signing for the principal, and the deed is attested the same way as any other. In practice the power of attorney is put in writing and recorded with the deed so the clerk and later purchasers can see the agent's authority, though recording the power is not itself what makes the deed valid
Recording office and statewide contentRecord the deed with the clerk of the superior court, filing in the county where the land lies (§ 44-2-2). The clerk 'shall file, index ... and permanently record' deeds, mortgages, and liens (§ 44-2-2(b)); a recordable deed must first be attested or acknowledged (§ 44-2-14). Since January 1, 2025, a 'self-filer' — a party who is not a lawyer, title agent, or similar professional — must submit real-estate documents by electronic filing (§ 44-2-2(d)). County fees, page formatting, and the PT-61 transfer-tax declaration are set separately; confirm them with the clerk
Nonrecording effect and defect curesRecording protects priority; it does not create the transfer. A deed is valid between grantor and grantee without recording — 'nothing in this Code section shall be construed to affect the validity, enforceability, or priority of any deed ... between the parties thereto' (§ 44-2-2(g)). But against a later transferee or lienholder 'acting in good faith and without notice,' the deed 'shall take effect only from the time [it is] filed for record' (§ 44-2-2(c)), which rewards prompt recording. Cures: a deed not properly attested may still be recorded on a subscribing witness's affidavit (§ 44-2-18), and one acknowledged after signing becomes recordable once the officer certifies it (§ 44-2-16). Recording cures no forgery, incapacity, or lack of title

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Requirements one by one

Governing law and scope

Georgia keeps two questions in two places, and the survey turns on not confusing them.
Execution — what makes a deed good between buyer and seller — lives in the requisites
statute, O.C.G.A. § 44-5-30. Recording — what gets the deed into the public land records and
fixes priority — lives in Chapter 2 of Title 44, chiefly § 44-2-2 (the clerk's recording duty
and the priority rule) and the attestation sections around it (§§ 44-2-14 through 44-2-18).
This page covers an ordinary present-fee transfer by an individual owner. Security deeds
(Georgia's mortgage substitute), foreclosure deeds, tax deeds, and fiduciary deeds run on
their own rules.

Writing and grantor signature

A Georgia deed must be "an original document, in writing, signed by the maker," and it must be
"delivered to the purchaser or his or her representative" for "a good or valuable
consideration" (§ 44-5-30). Two points matter for ordinary transfers. First, delivery is part
of the transfer — a signed deed that is never handed over (or constructively delivered) does
not pass title. Second, no particular wording or statutory form is required; a deed that makes
the transaction clear will do. The maker's signature plus delivery is the heart of validity
between the parties. The attestation described next is what makes the deed recordable.

Witnesses

Georgia tightened this rule in 2015. Section 44-5-30 now requires a deed to be "attested by an
officer as provided in Code Section 44-2-15, and attested by one other witness." Before House
Bill 322 (2015), the statute called for "at least two witnesses." So the current formula is an
officer plus one other witness — commonly a notary public as the officer and one lay
witness — both of whom watch the maker sign and then sign as attesting witnesses.

Attestation is a recording requirement, not a condition of validity between the parties. A deed
the grantor and grantee signed without a proper officer and witness still transfers title
between them (§ 44-2-2 preserves validity "between the parties thereto"), but the clerk cannot
record it (§ 44-2-14), which leaves the buyer exposed to later claimants.

Acknowledgment or notarization

Before any deed "may be recorded, it must be attested or acknowledged as provided by law"
(§ 44-2-14). The officers who may attest or take the acknowledgment are listed in § 44-2-15:
"a judge of a court of record, including a judge of a municipal court, or ... a magistrate, a
notary public, or a clerk or deputy clerk of a superior court or of a city court." Because the
2015 version of § 44-5-30 writes the officer's attestation into the deed's requisites, in
practice a Georgia deed is signed in front of a notary and one other witness at the same time.
If a deed was signed first and acknowledged before an authorized officer only later, that
subsequent acknowledgment, once certified on the deed, still "shall entitle it to be recorded"
(§ 44-2-16).

Spouse, homestead, and marital joinder

Georgia has no spousal-joinder rule for an ordinary deed. Section 44-5-30 lists what a deed
needs — a signed, delivered, attested writing by the maker — and a nonowner spouse's signature
is not on that list. Georgia is not a community-property state, and it has no dower or curtesy
that a lifetime conveyance must clear, so an owner who holds title in their own name can convey
without a spouse joining. (Marital and family protections that arise at death, such as year's
support, are a separate probate matter, not a signature requirement on a deed you sign today.)

Signing through an agent or representative

Someone acting under a power of attorney can sign a Georgia deed for the owner. Section 44-5-30
requires the deed to be "signed by the maker"; an attorney-in-fact meets that by signing the
owner's name as agent (for example, "Ann Owner, by Bob Agent, her attorney-in-fact"), and the
deed is then attested by an officer and one witness like any other. The power of attorney
itself is customarily put in writing and recorded in the same county land records alongside the
deed, so the clerk and later purchasers can see that the agent had authority — but recording
the power is not what makes the deed valid.

Recording office and statewide content

Record the deed with the clerk of the superior court in the county where the land is
located (§ 44-2-2). The clerk "shall file, index ... and permanently record" deeds, mortgages,
and liens (§ 44-2-2(b)), and a deed must be attested or acknowledged before it can be accepted
(§ 44-2-14). One statewide change is worth flagging: since January 1, 2025, a "self-filer" —
a person presenting a deed who is not a lawyer, licensed title or closing professional, or
similar party — "shall be submitted using electronic filing" (§ 44-2-2(d)). Recording fees,
page-formatting rules, and the separate PT-61 real-estate transfer-tax declaration are set by
county practice and other statutes; confirm those with the specific superior court clerk.

Nonrecording effect and defect cures

Recording does not create the transfer; it protects it. A deed is fully valid between the
grantor and grantee even if it is never recorded — "nothing in this Code section shall be
construed to affect the validity, enforceability, or priority of any deed ... between the
parties thereto" (§ 44-2-2(g)). The risk of not recording is a competing claimant. Against a
later transferee or lienholder who acquires an interest in the same property "acting in good
faith and without notice," the deed "shall take effect only from the time [it is] filed for
record in the clerk's office" (§ 44-2-2(c)). In plain terms, a good-faith buyer or creditor
who takes without notice of your unrecorded deed can gain priority — so recording promptly
matters.

Two cure routes handle attestation slips. A deed that is "neither attested by nor acknowledged
before one of the officers named in Code Section 44-2-15" may still be recorded "upon the
affidavit of a subscribing witness" who swears to its execution (§ 44-2-18). And a deed
acknowledged after the fact becomes recordable once the officer certifies that acknowledgment
(§ 44-2-16). None of these fix a substantive problem — a forged signature, an incapacitated
grantor, or a grantor who did not own the land.

What trips people up

  • "It wasn't notarized, so the sale didn't happen." A signed, delivered deed passes title
    between you and the other party even without an officer and witness (§ 44-2-2 preserves
    validity between the parties). What the missing attestation costs you is recording — and
    therefore protection against a later buyer.
  • Only one witness, no officer. Since 2015, Georgia needs an officer (usually a notary)
    and one other witness (§ 44-5-30). A deed signed before a single notary with no second
    witness, or before two lay witnesses with no officer, is not properly attested and will be
    rejected for recording.
  • "The clerk recorded it, so it's airtight." Recording gives notice and priority; it is not
    a ruling that the deed is genuine, correctly describes the land, or was signed by the true
    owner. A defective deed that slips through can still be attacked.
  • Waiting to record. Georgia protects a later good-faith purchaser without notice
    (§ 44-2-2(c)). The longer an unrecorded deed sits, the longer someone else can record first
    and take priority.

Common questions

Does an unrecorded Georgia deed still transfer the property?
Yes — between you and the person you deeded it to, recording changes nothing (§ 44-2-2(g)).
What you lose by not recording is priority against a later good-faith buyer or creditor who
takes without notice and records (§ 44-2-2(c)).

How many witnesses does a Georgia deed need?
An officer plus one other witness. Section 44-5-30 requires attestation "by an officer as
provided in Code Section 44-2-15, and ... by one other witness." The officer is typically a
notary public.

My deed was signed but never notarized — can I fix it for recording?
Often yes. If the deed was signed but not properly attested, a subscribing witness can make an
affidavit before an authorized officer to prove it up for recording (§ 44-2-18), or the maker
can acknowledge it before an officer who then certifies that fact (§ 44-2-16).

Can someone sign the deed for me under a power of attorney?
Yes. The attorney-in-fact signs your name as your agent, and the deed is attested like any
other. Plan to record the written power of attorney in the same county records so the clerk and
future buyers can see the authority.

Statutes and sources

Source links

Every statute quoted above, linked, with the date we checked it.

O.C.G.A. § 44-5-30 · accessed 2026-07-16
O.C.G.A. § 44-2-2 · accessed 2026-07-16
O.C.G.A. § 44-2-14 · accessed 2026-07-16
O.C.G.A. § 44-2-15 · accessed 2026-07-16
O.C.G.A. § 44-2-16 · accessed 2026-07-16
O.C.G.A. § 44-2-18 · accessed 2026-07-16
This page is general legal information about state-law formalities for an ordinary deed conveying real property, not legal advice about a particular title, transfer, spouse, homestead, power of attorney, legal description, tax, recorder rejection, or priority dispute. A document can be valid between its parties yet unrecordable or ineffective against a later purchaser, and recorder acceptance does not cure fraud, incapacity, lack of ownership, a defective description, or every missing marital signature. County and municipal offices may impose additional forms, fees, formatting, tax, and e-recording requirements. Verified against the official statute text on the date shown; confirm current law and local recorder instructions or consult a licensed real-estate attorney before relying on it.

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