Georgia's New Transfer on Death (TOD) Deeds

As of July 1, 2024, Georgia introduced Transfer on Death (TOD) deeds, a significant advancement in estate planning. These deeds allow property owners to name a beneficiary who will automatically inherit their real estate upon the owner’s death, bypassing probate. This can save time and money, but it can also potentially cause legal complications for many.

What Are TOD Deeds?

A TOD deed is a legal tool that enables property owners to transfer ownership of real estate to a designated beneficiary upon their death. Unlike traditional estate planning methods, TOD deeds do not require the property to go through probate, making them a quicker and often less costly option.

During the owner’s lifetime, they retain full control of the property, including the ability to sell, mortgage, or revoke the TOD designation without the beneficiary's consent. This flexibility ensures that the owner’s interests remain protected.​

Key Features and Benefits ( Georgia’s O.C.G.A. § 44-17)

1. Probate Avoidance: TOD deeds allow direct property transfer to beneficiaries, bypassing the often lengthy and expensive probate process.

2. Ownership Control: The owner maintains full legal rights to the property during their lifetime, ensuring flexibility.

3. Streamlined Process: Upon the owner’s death, beneficiaries file an affidavit and the death certificate with the local Superior Court to claim the property.

4. Debt Transparency: The property passes to the beneficiary with any existing mortgages, liens, or debts attached.

Specific steps must be followed to complete the transfer effectively. It is advisable to contact an attorney to handle this. Failure to complete this process within the specified timeframe will nullify the TOD deed, and the property will revert to the owner’s estate, requiring probate.

Is a TOD Deed Right for You?

While TOD deeds are an excellent option for many, they must align with broader estate planning goals. For instance, TOD deeds override provisions in a will concerning the same property. Additionally, they may not protect against Medicaid estate recovery or other creditor claims, as the owner retains full ownership until death.​

Conclusion

Georgia’s introduction of TOD deeds provides a modern, efficient way to handle real estate inheritance. These deeds can bring peace of mind to property owners and their families by simplifying the transfer process and reducing probate involvement. However, as with any legal tool, they require careful consideration and coordination with an estate planning attorney to ensure they fit within an overall strategy.

If you are considering a TOD deed, consult a professional to discuss how it might work for your needs. Proper planning ensures your legacy is passed on with clarity and efficiency.