Georgia Transfer-on-Death Deeds: What Homeowners Need to Know About HB 413

Estate planning isn't always something homeowners want to think about, but if you own real estate in Georgia, it's important to have a plan for what happens to that property after your death.

One option Georgia homeowners now have is a Transfer-on-Death Deed, commonly called a TOD deed.

Georgia first authorized Transfer-on-Death deeds in 2024, and House Bill 413 (HB 413) made several important changes and clarifications to the law that took effect July 1, 2026.

So, what exactly is a Transfer-on-Death deed, and could it make transferring a home easier for your family?

Here's what Georgia homeowners should know.

What Is a Transfer-on-Death Deed?

A Transfer-on-Death deed allows a property owner to designate one or more beneficiaries who will receive an interest in the property after the owner's death.

The important part is that the transfer does not occur while the owner is alive.

That means the homeowner retains ownership and control of the property during their lifetime.

Unlike adding an adult child or another person to your deed today, naming someone as a beneficiary on a TOD deed does not automatically give that person a present ownership interest in your home.

You Still Control Your Property

One of the biggest questions homeowners may have is:

"If I name someone to receive my house, do they become an owner now?"

No.

The beneficiary does not receive a present interest simply because you've named them in a Transfer-on-Death deed.

During your lifetime, you continue to own and control the property. Subject to the requirements of Georgia law, a TOD deed can also be revoked.

This provides homeowners with flexibility if circumstances change later.

Does a Transfer-on-Death Deed Avoid Probate?

One of the primary reasons someone may consider a TOD deed is to allow real estate to transfer at death without going through the ordinary probate process for that particular asset.

However, it is important not to think of a TOD deed as a magic "avoid probate" document.

The deed has to comply with Georgia law, and after the owner's death, the beneficiary must take certain steps to accept the property.

There can also be issues involving the deceased owner's estate, creditors, liens, year's support and other claims.

In other words, a TOD deed may simplify the transfer of real estate, but it doesn't eliminate the need for proper estate planning.

The Beneficiary Must Accept the Property

This is an especially important part of Georgia's law.

Ownership doesn't simply transfer with no action required from the beneficiary.

Following the property owner's death, a designated beneficiary who wishes to accept the real estate must execute an affidavit containing information required by Georgia law.

A copy of the owner's death certificate must be attached.

For an owner's death occurring on or after July 1, 2026, the beneficiary generally has nine months from the owner's death to record the required affidavit, real estate transfer tax declaration and related documents with the Clerk of Superior Court in the county where the property is located.

If that isn't completed within the required period, the interest can revert to the deceased owner's estate.

That's a deadline families need to know about.

HB 413 Made Important Changes in 2026

Georgia's HB 413 expanded and clarified several aspects of Transfer-on-Death deeds.

Among the changes, the law:

• Allows alternative or contingent beneficiaries to be designated.
• Allows an interest to be conveyed to a trust under certain circumstances.
• Clarifies procedures for beneficiaries to accept ownership.
• Establishes additional requirements for revoking a TOD deed.
• Requires the owner to have the legal capacity to enter into a contract when executing the deed.
• Prohibits an attorney-in-fact from executing the TOD deed on the property owner's behalf.
• Gives designated beneficiaries access to certified copies of certain vital records needed to complete the transfer.
• Addresses the relationship between TOD property, unsecured estate debts and year's support.

These changes make it even more important to use the correct documents and get professional legal advice rather than attempting to create a TOD deed based on a form found online.

What If You Change Your Mind?

Life changes.

Relationships change. Families change. Property gets sold. Estate plans change.

A Transfer-on-Death deed can be revoked during the owner's lifetime, provided the statutory requirements are followed.

That's one of the features that makes a TOD deed different from simply giving someone an ownership interest in your property today.

However, don't assume that destroying your copy of the deed or simply writing a new will automatically fixes everything. Revocation has specific legal requirements, which is another reason an attorney should be involved.

What Happens to the Mortgage or Other Liens?

A Transfer-on-Death deed does not necessarily make obligations attached to the property disappear.

Existing mortgages, liens and other encumbrances can still affect the property.

That's an important distinction for families who hear "the house transfers directly to the beneficiary" and assume that means the beneficiary automatically receives a completely debt-free property.

The TOD deed determines how an ownership interest may transfer. It doesn't automatically erase existing obligations associated with the real estate.

Is a Transfer-on-Death Deed Right for Every Georgia Homeowner?

No.

A TOD deed can be a useful estate-planning tool, but whether it makes sense depends on the homeowner's individual circumstances.

For example, an attorney may need to consider:

• How the property is currently titled
• Whether there are multiple owners
• Whether the homeowner is married
• Existing mortgages or liens
• Multiple beneficiaries or heirs
• Trusts
• Creditor issues
• Year's support
• The rest of the homeowner's estate plan

A TOD deed should be considered as part of the bigger estate-planning picture rather than as a stand-alone solution.

Why This Matters for Georgia Homeowners

For many people, their home is one of the largest assets they will ever own.

Yet we spend a lot of time thinking about buying, selling and maintaining a home and much less time thinking about what ultimately happens to it.

Georgia's Transfer-on-Death deed law gives homeowners another estate-planning option that may make transferring real estate easier for their beneficiaries.

But the key is planning ahead.

A TOD deed has to be properly executed and recorded during the property owner's lifetime, and beneficiaries have requirements of their own after the owner's death.

The Bottom Line

A Transfer-on-Death deed can potentially provide Georgia homeowners with a relatively straightforward way to designate who should receive their real estate after their death while allowing them to retain control of the property during their lifetime.

But this is a legal and estate-planning decision — not simply a real estate decision.

As a Georgia REALTOR®, I can help homeowners understand their property, current ownership and how title issues may affect a future real estate transaction. When it comes to creating a Transfer-on-Death deed or determining whether one fits into your estate plan, you should consult with a qualified Georgia real estate or estate-planning attorney.

If you're thinking about buying, selling or preparing a property for the next chapter, I'm always happy to help you navigate the real estate side of the process.

Leah Leggett, REALTOR®
Greater Athens Properties
Serving Athens and surrounding Northeast Georgia communities

This blog is for general informational purposes only and is not intended as legal, tax, or estate-planning advice. Laws and individual circumstances vary. Consult a qualified Georgia attorney regarding your specific situation.