Executor Deed Georgia: How to Transfer Real Estate from an Estate

One of the most persistent misconceptions in Georgia estate settlement is that being named as a beneficiary in a will automatically transfers ownership of real property. It does not. Under O.C.G.A. § 53-8-15, title to real estate remains vested in the estate — not in the heir — until the executor or administrator formally executes a deed and records it with the Clerk of Superior Court in the county where the land is located.

That deed is called an executor's deed (when there is a will) or an administrator's deed (when there is no will). Failing to execute and record it is not a technicality. It is a title defect that prevents the heir from selling, refinancing, or insuring the property.

What Is an Executor's Deed in Georgia?

An executor's deed is a formal legal instrument by which a personal representative (executor or administrator) conveys title to real property out of a decedent's estate to a beneficiary or a third-party buyer. It is distinct from a standard warranty deed because it carries no personal warranties from the executor — it conveys only the interest the estate held, not a guarantee that the title is free of defects.

Georgia also uses a related instrument called an Assent to Devise. An Assent to Devise is used when the executor is distributing property directly to a beneficiary named in the will. Rather than "selling" or "conveying" the property, the executor is acknowledging that the estate's claim on the property has been satisfied and that title may pass to the beneficiary. The practical difference between an executor's deed and an assent to devise is primarily in the legal language of the instrument, but both must be formally recorded to be effective.

If the executor is selling the property to a third-party buyer rather than distributing it to a beneficiary, a standard executor's deed (not an assent to devise) is appropriate.

What Authority Does the Executor Need First?

Before any deed can be signed, the executor must have valid legal authority. That authority comes from Letters Testamentary — the document issued by the probate court after the will is admitted and the executor takes the oath of office. No deed executed without Letters Testamentary will be accepted by a title insurance company or recognized as creating clear title.

For intestate estates, the equivalent instrument is Letters of Administration.

If the estate is being settled through a Petition for No Administration Necessary (GPCSF 9), the court order issued upon approval serves as the authority document — but it functions differently from Letters Testamentary and has narrower applicability for real estate transfers.

Common Form vs. Solemn Form: Why It Matters for Real Estate

If the will was probated in Common Form (GPCSF 4), real estate title is permanently vulnerable. Common Form does not require advance notice to heirs, and any interested party can contest the will for four years. Because of this lingering challenge window, title insurance companies will not insure real estate sold out of a Common Form estate. A buyer will be unable to obtain title insurance, which means they cannot get a mortgage, and the sale collapses.

If real estate needs to be sold or transferred to an heir who wants to eventually sell, the will must be probated in Solemn Form (GPCSF 5). Solemn Form requires formal notice to all heirs-at-law and provides immediate binding finality once the will is admitted. Title companies will insure sales out of a Solemn Form estate.

This is not optional — it is a precondition of completing any real estate transaction from a testate estate. Executors who begin administration in Common Form for speed and then need to sell property often have to re-open the probate in Solemn Form, costing additional fees and months of delay.

The PT-61: Required Before Recording Any Deed

Every deed recorded in Georgia — including executor's deeds and assents to devise — must be accompanied by the electronic filing of the PT-61 Real Estate Transfer Tax Declaration through the Georgia Superior Court Clerks' Cooperative Authority (GSCCCA) portal.

The PT-61 is not the deed itself. It is a form filed through GSCCCA before or simultaneously with recording that declares the nature of the transfer and its value for purposes of calculating the state's real estate transfer tax.

For estate transfers through inheritance, the transfer is exempt from the transfer tax (which is otherwise $1 per $1,000 of consideration). But the PT-61 must still be completed and filed to claim that exemption — the Clerk of Superior Court will not accept the deed for recording without it.

Steps for recording an executor's deed in Georgia:

1. Confirm Letters Testamentary are current and valid
2. Draft the executor's deed or assent to devise with accurate legal descriptions
3. File the PT-61 through GSCCCA (electronic only)
4. Record the deed with the Clerk of Superior Court in the county where the property is located
5. Pay the $25 flat recording fee (set by Georgia statute for real estate instruments)

The legal description in the deed must match the legal description in the deed by which the decedent acquired the property. Approximations or address descriptions are insufficient.

Executor Authority to Sell vs. Distribute

An executor's authority to sell estate real property depends on the will and, in some circumstances, court approval.

If the will explicitly grants the executor the power of sale, the executor can sell real property without seeking prior court approval. Most professionally drafted wills include this language. If the will is silent on the power of sale, or if the estate is intestate, the executor may need to petition the probate court for authority to sell.

When distributing property to a beneficiary rather than selling it, the executor generally does not need court approval — the probate process itself authorizes the distribution. The formal mechanism is the assent to devise, signed by the executor and recorded.

Executor's Deed in an Intestate Estate

When someone dies without a will, real property passes under Georgia's intestate succession laws. But intestate succession does not automatically transfer title — the Administrator must still execute an administrator's deed or, in No Administration Necessary cases, the court order itself serves as the title transfer document.

For intestate real estate, the administrator's deed conveys the property to the heirs identified in the court proceedings. If heirs are taking the property in undivided fractional interests (for example, three children each taking a one-third interest), the deed must specify those fractions clearly. Co-ownership creates its own complications: any future sale requires all co-owners to agree and sign.

When the Executor Wants to Sell

If the executor's goal is to sell the real property — to a third-party buyer — the sequence is:

1. Ensure the will was probated in Solemn Form (or convert to Solemn Form)
2. Verify the executor has power of sale under the will, or obtain court authorization
3. Engage a real estate attorney and title company early — they will dictate exactly what documentation they need before they can issue a clean title commitment
4. Complete the sale as executor, signing the deed in your capacity as executor (not individually)
5. Deposit net proceeds into the estate bank account
6. Distribute to beneficiaries only after the creditor claim period has closed

Distributing sale proceeds to beneficiaries before the three-month creditor claim window closes is a personal liability risk. If a valid creditor claim surfaces after the money has been paid out, the executor can be held personally responsible for the deficit.

Executor Commission on Real Estate Transfers

Georgia law entitles the personal representative to compensation for real estate work under O.C.G.A. § 53-6-60. For property delivered in kind (distributed to an heir rather than sold), the commission is up to 3% of the appraised value, subject to probate court approval. For a sale where cash proceeds flow through the estate, the standard 2.5% income commission applies on the funds received plus 2.5% on the funds distributed — totaling 5% of the proceeds.

On a $300,000 property sale, statutory commissions could reach $15,000. Executors who are also beneficiaries often waive their commission for simplicity, but it should be an intentional decision made with full understanding of what is available.

Completing the Estate

The executor's deed is one of the final steps in settling an estate. Before you get there, there are months of creditor management, inventory filing, and statutory notifications. Getting to the deed requires having already filed the right GPCSF petition, published the Notice to Debtors and Creditors, waited out the three-month creditor claim window, and paid all valid claims in the correct statutory priority order.

The Georgia Estate Settlement Guide covers the complete sequence — from the first 48 hours through the final GPCSF 33 petition for discharge of the personal representative — including specific guidance on how to handle real estate, which form to use depending on your situation, and how county-level requirements differ across Fulton, DeKalb, Gwinnett, Cobb, and other counties.

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