Georgia Transfer-on-Death Deed After the Owner Dies (2026)

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By John Young, owner of Family Estate Solutions of Georgia, LLC. Published October 2, 2026. Last updated October 2, 2026. Educational only, not legal advice.

A Georgia transfer-on-death (TOD) deed lets a homeowner name who receives the house at death. After the owner dies, ownership passes to each named beneficiary only when that beneficiary signs an acceptance affidavit and records it, with the death certificate and related documents, in the county where the property sits.

Georgia first allowed transfer-on-death deeds on July 1, 2024, and the legislature rewrote the main section in 2026 (HB 413, effective April 22, 2026). Many families, and many websites, are still working from the original rules. This page summarizes the current text of the statute for beneficiaries and executors in North Georgia. It is educational, not legal advice.

Not legal advice. This law is new and was amended in 2026. Read the current statute (O.C.G.A. § 44-17-2) and confirm the steps for your date of death with a Georgia attorney or closing attorney before recording anything or listing the house.

Quick check: is there a TOD deed?

A transfer-on-death deed is recorded in the county deed records while the owner is alive. The statutory form (O.C.G.A. § 44-17-3) is titled "Transfer-on-Death Deed under O.C.G.A. § 44-17-3" and states in capital letters that it is revocable and transfers nothing until the grantor's death. Search the clerk of superior court records for the county where the house is located, or ask a title company to run the chain of title. Note the deed book and page number; you will need it.

During the owner's life, the owner kept full ownership and could revoke or replace the deed (O.C.G.A. § 44-17-7). So the most recent recorded instrument controls. If the owner held the house jointly, the TOD deed works only if the owner who signed it was the last joint owner to die (O.C.G.A. § 44-17-6).

What the beneficiary does after the owner dies

Under the current O.C.G.A. § 44-17-2, the transfer happens only after both steps are complete: the affidavit is signed and the affidavit is recorded.

Get a certified death certificate. The statute treats each designated beneficiary as having a direct and tangible interest for requesting a certified copy.
Sign an acceptance affidavit. Each beneficiary who wants to accept signs one, affirming: verification of the owner's death; whether the beneficiary and the owner were married at the time of death; the deed book and page number of the recorded TOD deed; and a legal description of the property.
Attach a copy of the death certificate.
Record it. For an owner's death on or after July 1, 2026, the beneficiary records the affidavit, the real estate transfer tax declaration form (Georgia's PT-61), and related documents with the clerk of superior court in the county where the property is located.

Each beneficiary accepts their own interest. One beneficiary generally cannot accept on behalf of another, though a legal guardian or conservator may accept for a minor or ward. A trustee or an entity named as beneficiary can accept through the person with proper authority.

What changed in 2026

Acceptance is now explicit. Ownership transfers to each beneficiary upon signing and recording the affidavit.
The affidavit now includes the deed book and page of the TOD deed.
The transfer tax declaration form is now listed among the documents recorded with the affidavit for deaths on or after July 1, 2026.
The nine-month recording window that appeared in the 2024 text was removed from the statute.
Executors now have duties and powers tied to TOD property (below), and owners may name alternate beneficiaries.

Source: annotation and current text of O.C.G.A. § 44-17-2 (Ga. L. 2026, HB 413). Older deaths may follow earlier rules; confirm with counsel.

If you are the executor or administrator

The 2026 amendment gives the personal representative of the owner's estate specific roles while TOD property waits for acceptance:

Notice. The personal representative must give each designated beneficiary notice of the transfer-on-death deed, following the same requirements as O.C.G.A. § 53-5-8.
Protecting the house (solvent estate). Until a beneficiary accepts, the personal representative of a solvent estate may pay the mortgage, property taxes, and repairs needed to keep the property out of imminent danger. The estate is entitled to repayment and can have a lien if not repaid within one year after acceptance.
Insolvent estate facing foreclosure or condemnation. After notice from a lender or government entity, the personal representative may record an affidavit of notice, and if no beneficiary has completed acceptance, may sell the property, pay debts, and return any remainder to the estate.

These are summaries of a detailed statute. An executor should talk with the estate's attorney before paying, selling, or recording anything related to TOD property.

Mortgages, liens, and debts

Under O.C.G.A. § 44-17-5, the beneficiary takes the owner's interest subject to recorded mortgages, liens, leases, easements, and similar interests the owner created or was subject to. The same section says a TOD deed generally takes priority over the estate's unsecured debts. If a named beneficiary died before the owner, that beneficiary's share lapses and is split evenly among the remaining living beneficiaries rather than returning to the estate. Have a Georgia attorney read your actual deed, especially if alternates are named.

Before you sell or move in

Recording the acceptance is the start, not the finish. Before listing, refinancing, or moving in, confirm with a closing attorney that the record now supports a sale and whether all beneficiaries must sign. Then the practical work begins: insurance in the right name, utilities, and, often, a house full of a parent's belongings.

Call the homeowner's insurance carrier the same week and ask what changes when a home is vacant.
Take a photo inventory before anything leaves, and agree on family keepsakes in writing.
Read Empty an inherited house before you list it for the listing-prep sequence, and I inherited a house in Georgia for keep, sell, or rent decisions.

When there is no TOD deed

If the deed records show no transfer-on-death deed and no surviving joint owner, the house usually goes through the estate. If there was a will, start with our Georgia probate overview. If there was no will, see Inherited a house in Georgia with no will.

Official sources used on this page

O.C.G.A. § 44-17-2: TOD deed requirements, acceptance affidavit, recording, personal representative duties (as amended 2026)
O.C.G.A. § 44-17-3: statutory form of the TOD deed
O.C.G.A. § 44-17-5: effect on liens and debts; lapse if a beneficiary dies first
O.C.G.A. § 44-17-6: joint owners
O.C.G.A. § 44-17-7: owner keeps full ownership during life

Common questions

Does a Georgia transfer-on-death deed avoid probate for the house?

It can move the house to the named beneficiary without the house passing under a will or intestacy, but not automatically. Under the current O.C.G.A. 44-17-2, ownership transfers to each beneficiary only after that beneficiary signs and records the required acceptance affidavit. Other assets may still need probate, so ask a Georgia attorney about the whole estate.

What does a transfer-on-death beneficiary have to record in Georgia?

Each beneficiary who wants to accept signs an affidavit stating the owner's death, whether they were married to the owner at death, the deed book and page of the recorded transfer-on-death deed, and the legal description, with a copy of the death certificate attached. For deaths on or after July 1, 2026, the affidavit, the real estate transfer tax declaration form, and related documents are recorded with the clerk of superior court in the county where the property is located.

Is there still a nine-month deadline to accept a Georgia TOD deed?

The 2024 version of O.C.G.A. 44-17-2 had a nine-month recording window for deaths on or after July 1, 2024. The 2026 amendment (HB 413, effective April 22, 2026) removed that language from the statute. Because timing rules changed and older deaths may be treated differently, confirm the rule for your date of death with a Georgia attorney.

Can one sibling accept the house for all the beneficiaries?

Under the current statute, each designated beneficiary accepts their own interest, and one beneficiary generally cannot accept on behalf of another, except that a guardian or conservator can accept for a minor or ward. The statute treats certain affidavits recorded before July 1, 2026 differently, so ask counsel if one was already filed.

What happens to the mortgage on a house passed by TOD deed?

The beneficiary takes the property subject to recorded mortgages, liens, leases, and similar interests the owner created or was subject to during life (O.C.G.A. 44-17-5). Talk with the lender and a Georgia attorney before assuming the loan, refinancing, or selling.

What if a named beneficiary died before the owner?

Under O.C.G.A. 44-17-5, the gift to a beneficiary who died before the owner lapses, and that share is split evenly among the remaining living beneficiaries instead of returning to the estate. Alternate beneficiaries named in the deed may also matter. Have counsel read the actual deed.

Not legal advice. Educational resource published by Family Estate Solutions of Georgia, LLC. Not a law firm. Not a real estate brokerage page. Deed, title, and recording questions belong with a Georgia attorney or closing attorney.

Georgia transfer-on-death deeds after the owner dies