Transfer-on-Death Deed

TRANSFER-ON-DEATH DEED — STATE OF GEORGIA

Pursuant to O.C.G.A. § 44-17-1 et seq.

Table of Contents

1. Caption and Title
2. Grantor/Owner Information
3. Beneficiary Designation
4. Property Description
5. Transfer-on-Death Designation
6. Revocability
7. Effect on Existing Interests
8. Multiple Beneficiary Provisions
9. Signature, Witness, and Notarization
10. Recording Information
11. Georgia-Specific Notes
12. Sources and References

1. Caption and Title

PREPARED BY:
[________________________________]

AFTER RECORDING, RETURN TO:
[________________________________]
[________________________________]
[________________________________]

TRANSFER-ON-DEATH DEED
(Georgia Code — O.C.G.A. § 44-17-1 et seq.)

2. Grantor/Owner Information

THIS TRANSFER-ON-DEATH DEED is made on [__/__/____] by:

Owner (Grantor):

3. Beneficiary Designation

Designated Beneficiary(ies):

Primary Beneficiary:

Additional Beneficiary (if applicable):

Alternate/Contingent Beneficiary:

4. Property Description

The real property subject to this Transfer-on-Death Deed is located in [________________________________] County, State of Georgia, and described as follows:

Legal Description:
[________________________________]
[________________________________]
[________________________________]

Street Address:
[________________________________], Georgia [____]

Tax Parcel ID: [________________________________]

Deed Book/Page: Book [____], Page [____]

5. Transfer-on-Death Designation

The Owner hereby designates that upon the Owner's death, the above-described real property shall transfer to the Designated Beneficiary(ies) identified in Section 3, subject to the following:

1. Effective Date: This transfer becomes effective only upon the death of the Owner. The Owner retains full ownership, control, and all rights during lifetime.

2. Nontestamentary: This deed is nontestamentary. A recorded TOD deed takes precedence over conflicting provisions in a will.

3. No Present Interest: The Beneficiary(ies) acquire(s) no present interest during the Owner's lifetime.

4. Statutory Authority: This deed is executed pursuant to O.C.G.A. § 44-17-1 et seq.

6. Revocability

THIS TRANSFER-ON-DEATH DEED IS REVOCABLE.

The Owner may revoke this deed at any time during the Owner's lifetime by:

☐ Executing and recording a new TOD deed for the same property
☐ Executing and recording a formal instrument of revocation
☐ Conveying the property by inter vivos deed to another party during lifetime

Requirements for Revocation:

• The revoking instrument must be executed and recorded before the Owner's death
• The revoking instrument should be recorded in the clerk of superior court's office in the county where the property is located

7. Effect on Existing Interests

This Transfer-on-Death Deed does not affect:

• Any existing mortgage, security deed, lien, or encumbrance
• Any secured creditor's rights
• The Owner's right to sell, mortgage, lease, or otherwise dispose of the property
• Joint tenancy or tenancy in common interests

The Beneficiary(ies) take(s) the property subject to all existing encumbrances and interests at the Owner's death.

8. Multiple Beneficiary Provisions

If multiple beneficiaries are designated:

☐ Tenants in Common: Beneficiaries take as tenants in common in the shares specified.
☐ Joint Tenants with Right of Survivorship: Beneficiaries take as joint tenants.

If a designated beneficiary predeceases the Owner:
☐ The share passes to the alternate/contingent beneficiary.
☐ The share is divided among the surviving beneficiaries.
☐ The share lapses and becomes part of the Owner's estate.

9. Signature, Witness, and Notarization

OWNER'S SIGNATURE:

_____________________________________________
Signature of Owner

Printed Name: [________________________________]
Date: [__/__/____]

WITNESS ATTESTATION (One witness required)

I, the undersigned witness, declare that the Owner signed this Transfer-on-Death Deed in my presence.

_____________________________________________
Signature of Witness
Printed Name: [________________________________]
Address: [________________________________]
Date: [__/__/____]

ACKNOWLEDGMENT

STATE OF GEORGIA
COUNTY OF [________________________________]

On this [____] day of [________________________________], [____], before me, the undersigned notary public, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same.

WITNESS my hand and official seal.

_____________________________________________
Notary Public, State of Georgia
My Commission Expires: [__/__/____]

[NOTARY SEAL]

10. Recording Information

RECORDING REQUIREMENTS:

☐ This deed must be recorded in the office of the clerk of superior court in the county where the property is located before the Owner's death
☐ An unrecorded TOD deed is not effective
☐ Recording fees per the county's schedule apply

CRITICAL — Upon the Owner's Death (9-Month Deadline):

The beneficiary must record the following within nine (9) months of the Owner's death:

☐ Affidavit of the beneficiary, including:

• Identification of the Owner and the beneficiary
• Marital status of the Owner at the time of death
• Marital status of the beneficiary at the time of death
• Reference to the recorded TOD deed
  ☐ Certified copy of the Owner's death certificate

WARNING: Failure to record the affidavit and death certificate within nine months causes the property to revert to the Owner's estate and must pass through probate.

11. Georgia-Specific Notes

Nine-Month Recording Deadline

Georgia imposes a strict 9-month deadline for the beneficiary to record the post-death affidavit and death certificate. This is unique among TOD deed states and is a critical compliance requirement.

Marital Status Disclosure

The beneficiary's affidavit must disclose the marital status of both the Owner and the beneficiary at the time of death. This information is required for recording purposes.

TOD Deed Precedence Over Will

A properly recorded Georgia TOD deed takes precedence over any conflicting provisions in the Owner's will.

Security Deeds

Georgia uses "security deeds" rather than traditional mortgages. The TOD deed does not affect any existing security deed on the property. The beneficiary takes the property subject to all existing security deed obligations.

Medicaid Estate Recovery

Property transferred by TOD deed may be subject to Georgia Medicaid estate recovery. Owners who have received or anticipate receiving Medicaid benefits should consult an elder law attorney.

Homestead Exemption

Georgia provides a homestead exemption for property tax purposes. The beneficiary should apply for a new homestead exemption after transfer if the property will be the beneficiary's primary residence.

New Statute

Georgia's TOD deed statute is recent (effective July 1, 2024). Practitioners should monitor for amendments, implementing regulations, and case law.

12. Sources and References

• O.C.G.A. § 44-17-1 et seq. — Transfer on Death (Title 44, Chapter 17)
• O.C.G.A. § 44-17-2 — TOD Deed Requirements
• O.C.G.A. Title 53 — Wills, Trusts, and Administration of Estates
• Georgia Superior Court Clerks' Cooperative Authority — Recording Requirements

This template is provided for informational and educational purposes only and does not constitute legal advice. Consult a licensed Georgia attorney before executing any transfer-on-death deed.