Georgia Transfer on Death Deed: How to Skip Probate on Your Home

Georgia homeowners gained a powerful probate-avoidance tool when the state authorized Transfer on Death Deeds (TODDs) effective July 1, 2024, under O.C.G.A. §§ 44-17-1 through 44-17-7. Then the legislature revised the rules significantly with House Bill 413 (Act 379), signed April 22, 2026. If you're planning to use a TODD to pass your home to your children or spouse without probate, the 2026 amendments added requirements that can void the transfer if you miss them.

Here is exactly how the Georgia TODD works after the latest changes, what the PT-61 form requires, and what your beneficiary must do after your death to actually receive the property.

How a Georgia Transfer on Death Deed Works

A TODD lets you name a beneficiary who will automatically receive your real property when you die. You keep full ownership during your lifetime — you can sell, refinance, rent, or mortgage the property without your beneficiary's permission. The beneficiary has no ownership interest until you die.

The deed must be recorded with the Superior Court Clerk in the county where the property is located during your lifetime. An unrecorded TODD sitting in a filing cabinet has zero legal effect.

Georgia law requires that you have the capacity to execute a binding contract to create a valid TODD. This is a higher standard than the testamentary capacity required for a will. If there is any question about cognitive decline, get a physician's capacity letter before signing.

The PT-61 Form Requirement

To record any real estate transfer document in Georgia, you must submit a PT-61 Real Estate Transfer Tax Declaration form through the state's online portal at erealestatetax.georgia.gov. The county clerk's office will reject your TODD recording without a completed PT-61, even though no money changes hands at the time of recording.

The PT-61 asks for the property's fair market value, the deed book and page number, and the tax parcel identification number. You can find your parcel ID on your county tax assessor's website or your annual property tax statement.

What the 2026 Amendments Changed

House Bill 413 introduced several strict rules that self-directed planners need to follow:

Contingent beneficiaries are now allowed. You can name backup beneficiaries in case your primary beneficiary dies before you. You can also designate a trustee of an existing trust as the grantee — but the TODD itself cannot create the trust.

Only the owner can revoke. An agent acting under a financial power of attorney cannot revoke a TODD on your behalf. If you become incapacitated, the deed stays in effect unless you revoked it beforehand. Selling or conveying the property during your lifetime automatically voids the TODD.

The 9-month acceptance deadline is absolute. After the owner dies, each beneficiary must individually record a certified copy of the death certificate and file a notarized acceptance affidavit with the county Superior Court Clerk within nine months. Miss this window and the property falls into the probate estate as if the TODD never existed.

Step-by-Step: Recording a Georgia TODD

1. Draft the deed with the full legal property description (must match the current recorded deed exactly), your name as grantor, and the beneficiary's name
2. Sign before a notary public
3. Complete the PT-61 form online at erealestatetax.georgia.gov
4. File the TODD and PT-61 with the Superior Court Clerk in the county where the property is located
5. Keep a copy and notify your beneficiary about the 9-month post-death acceptance requirement

The recording fee varies by county — typically $10 for the first page and $2 for each additional page, plus any intangible tax if applicable.

After the Owner Dies: The Beneficiary's Checklist

Your beneficiary should not assume the property transfer is automatic. They must:

• Obtain a certified copy of the death certificate from the Georgia Department of Public Health Vital Records
• Prepare a notarized acceptance affidavit stating they accept the property transfer
• Record both documents with the Superior Court Clerk in the property's county
• Complete all of this within nine months of the date of death

If the beneficiary fails to meet this deadline, the property reverts to the probate estate and gets distributed under the owner's will or Georgia's intestacy rules.

When a TODD Is Not Enough

A TODD only covers real property. It does not address bank accounts (use payable-on-death designations), vehicles (use Georgia Form T-20 for intestate transfers), retirement accounts (update beneficiary designations directly), or personal property.

Families with multiple assets typically need a TODD alongside a will, financial power of attorney, and advance directive to create a complete estate plan. The Georgia Basic Estate Planning Kit walks through each document with Georgia-specific execution requirements, including the line-of-sight witness rule for wills and the separated-roles requirement for financial powers of attorney.

Common Mistakes That Void a Georgia TODD

Not recording the deed during your lifetime. The TODD must be on file with the Superior Court Clerk before you die. Handing it to your beneficiary or keeping it in a safe deposit box does nothing.

Having your POA agent sign the revocation. Under the 2026 amendments, only the property owner can revoke a TODD. A power of attorney agent lacks this authority.

Missing the PT-61 filing. The county clerk will reject the recording without the online transfer tax declaration, even for a no-consideration transfer.

Failing to match the legal description. If the property description on the TODD does not match the current recorded deed exactly, the transfer can be challenged.

Georgia's TODD statute gives homeowners a straightforward way to keep real property out of probate court, but the execution details matter. One missed deadline or filing step can send your family right back into the probate process you were trying to avoid.

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