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Transfer on Death Deed in Georgia What to Know

Posted by Joel Beck | Jan 27, 2025 | 0 Comments

When it comes to estate planning, passing your property on smoothly and efficiently is a priority for many families. For Georgia property owners, a Transfer on Death Deed (TODD) can be an effective tool to achieve this goal. It is straightforward, avoids probate, and allows you to maintain complete control over your property during your lifetime.

At Peach State Wills & Trusts, we guide our clients through the various options available in estate planning, including the use of TODDs. Whether you are planning for the future or looking to simplify the transfer of real estate, we are here to help.

What Is a Transfer on Death Deed?

A Transfer on Death Deed (TODD) is a legal document that lets you name a beneficiary (or beneficiaries) to inherit your real estate after you pass away. Think of it as naming someone in your will, but just for your property—without the probate process.

Here is how it works: the deed takes effect only after your death. Until then, as the property owner, you retain full ownership and control of the property. You can live there, sell it, refinance it, or even revoke the TODD if your plans change.

Example Scenario

Imagine this: You own a home in metro Atlanta and want your daughter to inherit it. By creating a TODD, you ensure she automatically becomes the owner upon your passing, without going through the time-consuming and often costly probate process, provided that she complies with some simple requirements after your death, discussed below.

The Benefits of Using a Transfer on Death Deed in Georgia

A TODD offers several advantages for property owners looking to streamline their estate plans:

●  Avoids Probate: The biggest benefit is that a TODD keeps your property out of probate court. This means your loved ones can avoid delays, legal fees, and unnecessary stress.

●  Maintains Control: You remain the sole owner during your lifetime. The TODD does not limit what you can do with your property.

●  Cost-Effective: A TODD is simpler and less expensive than setting up a trust or going through probate.

●  Revocable: If your circumstances or wishes change, you can revoke or update the TODD anytime during your lifetime.

By avoiding probate, a TODD ensures your beneficiaries can inherit your property quickly and with fewer complications.

How to Create a Valid Transfer on Death Deed in Georgia

Creating a TODD involves specific legal requirements to ensure it is valid. Here is what you will need:

  1. Proper Execution: You must sign and notarize the TODD like any other deed.

  2. Recording the Deed: After execution, you need to record it with the Superior Court clerk in the county where the property is located. Without proper recording, the TODD won't be effective.

  3. Detailed Information: The deed must clearly identify the property with its legal description and also identify the beneficiary (or beneficiaries) you are naming.

Failing to meet these requirements could invalidate the TODD altogether.

Beneficiary Acceptance Process

After your passing, the beneficiary must take specific steps to claim the property. Here is what is typically required:

●  Filing an Affidavit: The beneficiary must do this within nine months of your death. The affidavit confirms your passing and outlines details like your marital status.

●  Providing Documentation: The beneficiary will need to provide a legal description of the property and proof of death, such as a death certificate.

This process ensures a smooth transition of ownership, provided the beneficiary meets all the requirements.

Revoking or Changing a TODD

One of the best features of a TODD is its flexibility. If you change your mind about the beneficiary—or decide not to transfer the property after all—you can revoke the TODD or create a new one naming a different person as beneficiary.

To do this, you will need to execute and record a revocation or a subsequent TODD, which automatically overrides the earlier one. This ability to amend or revoke the deed gives you peace of mind, knowing you are not locked into your initial decision.

Ownership Rights and Beneficiary Consent

While the TODD names a beneficiary, it does not give them any rights to the property during their lifetime. You remain in complete control and can sell, lease, or mortgage the property without their consent.

This arrangement ensures you retain all legal and equitable ownership until your passing.

Limitations and Considerations

While a TODD can be a valuable estate planning tool, it is not always the best option for everyone. Consider the following scenarios:

●  Complex Estates: A TODD might not address all your needs if you have a large or complicated estate, such as multiple properties, significant financial assets, or complex family arrangements.

●  Medicaid Estate Recovery: If you have received Medicaid benefits, the property may still be subject to estate recovery, which means the state could claim the property to recover the costs of the benefits you received.

●  Existing Liens or Mortgages: Any debts attached to the property, such as mortgages or tax liens, must still be addressed.

These factors highlight the importance of personalized advice. At Peach State Wills & Trusts, we can help you decide if a TODD is right for your situation.

Need Help with Estate Planning? Contact Peach State Wills & Trusts Today!

Estate planning does not have to be complicated, and you do not have to figure it all out alone. At Peach State Wills & Trusts, we make the process approachable and easy to understand. If you are considering a Transfer on Death Deed or want to explore other estate planning options, we're here to help.

Call us at 678-344-5342 or fill out our online contact form to schedule a consultation. You can also download our free guide here, no strings attached.

Don't leave your legacy to chance. Take the first step toward a more secure future with Peach State Wills & Trusts.

About the Author

Joel Beck

Joel Beck founded The Beck Law Firm, LLC in 2007. His firm focused on business law and estate planning needs of clients, two areas that he was drawn to based upon personal and business experiences in his life, including a ten-year career at NASD (now known as FINRA).

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