Deed Transferring Real Property into Living Trust - Georgia

WARRANTY DEED — TO REVOCABLE LIVING TRUST

(State of Georgia)

1. Recording Header

This instrument prepared by:
[NAME OF PREPARER / ATTORNEY] [____________]
[FIRM / ADDRESS] [____________]
[CITY, STATE, ZIP] [____________]
Georgia Bar No. (if attorney): [____________]

After recording, return to:
[NAME] [____________]
[ADDRESS] [____________]
[CITY, STATE, ZIP] [____________]

Send tax notices / Grantee mailing address:
[NAME OF TRUST / TRUSTEE] [____________]
[ADDRESS] [____________]

County: [____________] County, Georgia
Tax Parcel / Map & Parcel No.: [____________]
Property Address (if any): [____________]

Real Estate Transfer Tax (O.C.G.A. § 48-6-1): $[____] (or EXEMPT — see Section 8)
PT-61 Form Filing No. (GSCCCA): [____________]

2. Title and Statutory Authority

WARRANTY DEED — TRANSFER TO REVOCABLE LIVING TRUST

Executed pursuant to O.C.G.A. § 44-5-30 and § 44-2-15 and recorded under O.C.G.A. § 44-2-1 et seq. in the office of the Clerk of Superior Court.

3. Grantor

THIS WARRANTY DEED is made on this [____] day of [____________], 20[____], by:

(the "Grantor"), of [____________] County, [STATE].

4. Grantee / Vesting

The Grantee is the trustee of the Grantor's revocable living trust, taking title in trust capacity:

Vesting language (recite verbatim on the deed):

"[TRUSTEE NAME], as Trustee of the [TRUST NAME] Revocable Living Trust dated [__/__/____], and any successor trustee(s)," (the "Grantee").

The Grantee, as trustee, shall hold title with full power and authority to protect, conserve, sell, lease, encumber, and otherwise manage and dispose of the Property as provided in the trust instrument and under O.C.G.A. Title 53, Chapter 12 (Georgia Trust Code).

5. Consideration Recital

This conveyance is made for estate-planning purposes only. The Property is transferred by the Grantor to the Grantor, in the Grantor's capacity as Trustee of the above-named revocable living trust, of which the Grantor is the settlor and a current beneficiary. There is no sale, no purchaser, and no change in beneficial ownership; the transfer is without valuable consideration (a gift to the trust).

In consideration of the sum of Ten Dollars ($10.00) and the love and affection the Grantor bears for the beneficiaries of the trust, the receipt and sufficiency of which are acknowledged, the Grantor conveys the Property described below.

6. Granting Clause and Habendum

The Grantor hereby grants, bargains, sells, conveys, and warrants unto the Grantee, in fee simple, the real property situated in [____________] County, Georgia, more particularly described in Exhibit A attached hereto and incorporated by reference (the "Property"), together with all improvements, rights, members, easements, and appurtenances thereto belonging.

TO HAVE AND TO HOLD the Property unto the Grantee and the Grantee's successors in trust, in fee simple forever.

7. Warranty Covenants

The Grantor warrants that the Grantor is lawfully seized of the Property in fee simple, has good right to convey it, and will warrant and forever defend the title against the lawful claims of all persons, subject only to the matters set forth in Section 9 (Subject-To).

8. Real Estate Transfer Tax (O.C.G.A. §§ 48-6-1, 48-6-2) and PT-61

Georgia imposes a real estate transfer tax at $1.00 for the first $1,000 (or fractional part) of consideration and 10 cents for each additional $100 (or fractional part) of the value of the interest conveyed, exclusive of any lien or encumbrance existing before the transfer and not removed by it (O.C.G.A. § 48-6-1). Payment of the tax is a prerequisite to recording (O.C.G.A. § 48-6-4).

Exemption. A transfer of real property into the Grantor's own revocable living trust for no valuable consideration is exempt from the transfer tax as:

☐ a deed of gift under O.C.G.A. § 48-6-2(a)(2); and/or
☐ an instrument transferring real estate to a fiduciary without valuable consideration under O.C.G.A. § 48-6-2(a)(9).

PT-61 STILL REQUIRED. Even though the transfer is exempt from the tax, the Form PT-61 Real Estate Transfer Tax Declaration must still be completed and filed. Under O.C.G.A. § 48-6-2(b), "the total consideration of the transfer for real and personal property conveyed shall be shown on the form" in order to claim any exemption. The PT-61 is filed electronically through the Georgia Superior Court Clerks' Cooperative Authority (GSCCCA) at gsccca.org; a printed copy is presented with the deed at recording. On the PT-61, the Grantor acts as the "seller" and the trustee/trust as the "buyer," the consideration is shown as $0 (or nominal), and the appropriate exemption is selected.

Transfer tax due: ☐ $0.00 — EXEMPT (PT-61 filed showing the exemption) ☐ $[____] (if any taxable consideration applies).

9. Subject-To

This conveyance is made subject to:

a. Ad valorem taxes for the current year and subsequent years;
b. Zoning, land-use, and other governmental regulations;
c. Restrictions, reservations, easements, and covenants of record; and
d. Any security deed or other encumbrance of record, which the Grantor's trust takes the Property subject to (see Section 10).

10. Garn-St Germain Act / Due-on-Sale Notice (12 U.S.C. § 1701j-3(d)(8))

If the Property secures a loan (in Georgia, typically a security deed) containing a due-on-sale clause, the Garn-St Germain Depository Institutions Act of 1982, 12 U.S.C. § 1701j-3(d)(8), prohibits the lender from exercising that clause upon "a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property," for a loan secured by a lien on residential real property of fewer than five dwelling units.

The Grantor represents that the Grantor is and shall remain a beneficiary of the trust and that this transfer does not change the rights of occupancy of the Property. The lender therefore may not accelerate the secured indebtedness solely because of this transfer.

11. Homestead Continuity

Georgia provides a homestead exemption from ad valorem property tax for an owner-occupied primary residence. After transferring the Property into a revocable living trust:

☐ Confirm with the county tax commissioner / board of tax assessors that the homestead exemption continues; many counties recognize a revocable trust in which the settlor occupies the residence and retains a beneficial interest, but the county may require a copy of the trust or a certification of trust and a re-application in the trust's name.

Georgia does not impose constitutional restrictions on the devise of homestead comparable to Florida's, and there is no statutory spousal-joinder requirement for conveying a residence held in one spouse's name; however, confirm record title and any contractual or court-ordered restrictions before recording.

12. Execution (Two Witnesses — One an Officer/Notary — O.C.G.A. §§ 44-5-30, 44-2-15)

Signed, sealed, and delivered in the presence of the undersigned witnesses on the date first written above.

GRANTOR:

_____________________________________________ (Seal)
Signature of Grantor
Printed Name: [________________________________]

WITNESSES (Georgia requires the deed to be attested by an officer as provided in O.C.G.A. § 44-2-15 and by one other witness; in practice the unofficial witness and the notary must both be present when the maker signs — O.C.G.A. § 44-5-30):

Unofficial Witness
Signature: _____________________________________
Printed Name: [________________________________]

Official Witness / Notary Public
Signature: _____________________________________
Printed Name: [________________________________]
My Commission Expires: [__/__/____]

[NOTARY SEAL]

13. Recording and Tax-Form Instructions

☐ Confirm the legal description in Exhibit A matches the prior vesting deed exactly (Deed Book/Page: [____________]).
☐ Have the Grantor sign before an unofficial witness and an official witness (notary), both present at execution (O.C.G.A. §§ 44-5-30, 44-2-15).
☐ Complete and file Form PT-61 electronically through the GSCCCA (gsccca.org), showing $0 / nominal consideration and the applicable exemption (deed of gift / fiduciary transfer without valuable consideration); print the PT-61 to submit with the deed (O.C.G.A. §§ 48-6-2(b), 48-6-4).
☐ Pay any transfer tax due (typically $0 if exempt) — payment/exemption certification is a prerequisite to recording (O.C.G.A. § 48-6-4).
☐ Record the original signed Deed with the Clerk of Superior Court in the county where the Property is located (O.C.G.A. § 44-2-1); record a separate deed and PT-61 for property in each county.
☐ Notify the loan servicer in writing of the transfer to the revocable trust (Garn-St Germain) and keep the loan and hazard insurance in force; add the trust as an additional insured.
☐ Confirm with the county tax commissioner that the homestead exemption continues; re-apply in the trust's name if required.
☐ Update the trust's Schedule of Assets / trust-funding checklist and retain a recorded copy with the trust binder.

14. Exhibit A — Legal Description

Property Address: [________________________________], Georgia [____]

Tax Parcel / Map & Parcel No.: [________________________________]

Legal Description (copy verbatim from the prior recorded deed — include lot, block, subdivision/plat reference or metes-and-bounds; do not paraphrase):

[________________________________]
[________________________________]
[________________________________]

Prior recording reference: Deed Book [____], Page [____], [____________] County, Georgia.

15. Sources and References

• O.C.G.A. § 44-5-30 — Requisites of a deed to lands (signed; attested by an officer and one other witness)
• O.C.G.A. § 44-2-15 — Officers authorized to attest registrable instruments
• O.C.G.A. § 44-2-21 — Attestation/acknowledgment of instruments executed out of state
• O.C.G.A. § 44-2-1 et seq. — Recording of deeds; Clerk of Superior Court; county where land lies
• O.C.G.A. § 48-6-1 — Real estate transfer tax (rate; encumbrances excluded from base)
• O.C.G.A. § 48-6-2 — Exemptions (deed of gift (a)(2); fiduciary transfer without valuable consideration (a)(9)); consideration must be shown (b)
• O.C.G.A. § 48-6-4 — Payment of transfer tax as recording prerequisite; PT-61 declaration form
• O.C.G.A. Title 53, Chapter 12 — Georgia Trust Code
• Georgia Dept. of Revenue — Real Estate Transfer Tax (dor.georgia.gov)
• Georgia Superior Court Clerks' Cooperative Authority (GSCCCA) — PT-61 e-filing (gsccca.org)
• 12 U.S.C. § 1701j-3(d)(8) — Garn-St Germain Act; inter vivos trust due-on-sale exemption

This template is provided for informational purposes only and does not constitute legal advice. Funding real property into a revocable trust can affect transfer-tax exemptions, the PT-61 filing, the homestead exemption, title insurance, and mortgage/security-deed obligations. Consult a licensed Georgia attorney before executing and recording this Deed.