Georgia’s Transfer on Death Deed: A Powerful Tool for Estate Planning

Executing a Transfer on Death Deed in Georgia is a straightforward process. The property owner executes the deed naming one or more beneficiaries and has it recorded in the county where the property is located before death. The deed must be witnessed and notarized in the same manner as any other real property deed under Georgia law. Once recorded, the deed can be revoked or changed at any time while the owner is living and competent, simply by recording a revocation or a new TODD.

The most significant advantage of a Transfer on Death Deed is the ability to transfer real property outside of the probate process. Probate can be a lengthy, expensive, and publicly visible process. By using a TODD, the property passes directly to the named beneficiary or beneficiaries upon the owner’s death simply by recording a certified copy of the death certificate in the county property records. There is no need to open an estate, pay probate fees, or wait for court approval. For many Georgia families, the TODD offers peace of mind knowing their home or land will transfer quickly and efficiently to their chosen heirs.

Unlike an outright gift, a Transfer on Death Deed does not diminish the owner’s rights to the property during their lifetime. The grantor may continue to sell, mortgage, lease, or otherwise deal with the property without the consent of the beneficiary. The beneficiary has no present interest in the property until the moment of the grantor’s death. This feature makes the TODD particularly attractive to property owners who want to plan ahead but are not ready to give up control of their most significant asset. It also means that creditors of the beneficiary cannot place liens on the property during the grantor’s lifetime.

While the Transfer on Death Deed is a valuable estate planning tool, it is not without its limitations. The TODD only transfers the specific property identified in the deed and does not address other assets in an estate, making it a complement to — not a replacement for — a comprehensive estate plan. Additionally, the beneficiary takes the property subject to any mortgages, liens, or encumbrances existing at the time of the grantor’s death. If the beneficiary predeceases the owner and no contingent beneficiary is named, the property may still pass through probate. It is also worth noting that a TODD does not provide asset protection from the grantor’s creditors, as the property remains part of the owner’s estate for debt purposes.

A Transfer on Death Deed works best as one component of a broader estate plan that may include a will, financial power of attorney, healthcare directive, and potentially a revocable living trust. For clients who own real property in Georgia and wish to keep their estate planning simple and cost-effective, the TODD can be an excellent starting point. It is especially useful for individuals whose primary asset is their home and who want to ensure their spouse, children, or other loved ones receive that property without delay or court involvement. An experienced estate planning attorney can evaluate whether a TODD is appropriate given the client’s overall asset picture, family dynamics, and long-term goals.

Stella Preston is a member of Gaskill, Bell & Preston, LLC and leads the firm’s estate planning practice. We are here to help you and your family plan for the future. Contact us to learn more about our estate planning services.