Most Atlanta homeowners have two realistic options for passing their home outside of probate: a revocable living trust, or a Transfer on Death Deed. Until July 2024, the trust was the only reliable option in Georgia. The TODD changed that.
Under O.C.G.A. §§ 44-17-1 through 44-17-7, a Transfer on Death Deed lets a property owner name beneficiaries to receive real property at death — outside the probate process, without giving beneficiaries any current ownership rights. You sign the deed, record it with your county’s Superior Court Clerk, and keep full control of the property while you are alive.
Probate in Georgia takes 9 to 18 months and costs an average of $15,000 in attorney and court fees. A TODD avoids that process for the named property for around $100 in recording fees.
For a complete picture of all probate avoidance options in Georgia, see our Estate Planning hub.
What a Transfer on Death Deed Does
A Transfer on Death Deed is a deed you sign and record with your county’s Superior Court Clerk while you are alive. It names one or more beneficiaries who automatically receive the property the moment you die.
Nothing changes for you during your lifetime. You keep full ownership. You can sell the property, refinance it, or revoke the TODD at any time without the beneficiary’s consent. The beneficiary has no ownership rights until after your death.
At death, the named beneficiary records a certified copy of your death certificate with the county clerk and files an acceptance affidavit within 9 months of your death. Once recorded, the deed is in their name. No probate case is opened. No executor is appointed. No court order is required.
When a Transfer on Death Deed Is the Right Tool
- You own one property in Georgia, and passing that property is the primary goal.
- Your beneficiaries are adults who can legally hold title without court supervision.
- You do not need incapacity planning from the deed. A TODD transfers at death only.
- Your estate is simple. No business interests, no minor beneficiaries, no blended family complications.
- Privacy is not a primary concern. The TODD is public record from the moment you file it.
The typical fit: an Atlanta-area homeowner in their 60s or 70s with a paid-off home, one or two adult children, and no other complex assets. For that situation, a $100 TODD filing accomplishes what a $5,000 to $8,000 trust would for this one asset.
When a TODD Is Not Enough
You own more than real estate. A TODD only transfers the property named on the deed. Bank accounts, retirement accounts, and other assets go through probate regardless. If the goal is comprehensive probate avoidance, a TODD for the home alone does not solve the problem.
You have minor children as beneficiaries. A minor cannot legally hold title to real property. Naming a minor creates a guardianship or conservatorship proceeding — often the same court process you were trying to avoid.
You have a blended family. A TODD alone may not protect against a Year’s Support claim from a surviving spouse under O.C.G.A. § 53-3-1. A revocable trust handles this with more precision.
You want incapacity protection. A TODD does nothing while you are alive and incapacitated. A funded revocable trust with a trustee succession plan covers both incapacity and death.
Medicaid is a concern. Georgia is an expanded estate recovery state. If Medicaid pays for your long-term care, the state can pursue reimbursement against the home even when it transfers by TODD. The deed does not prevent that claim.
How to File a Transfer on Death Deed in Atlanta, Georgia
1
Pull the current deed from county records
Confirm who holds title and what the exact legal description says. Fulton, DeKalb, Cobb, and Gwinnett counties all have searchable online deed indexes. The legal description from your current deed must appear exactly on the TODD.
2
Prepare the TODD with an attorney
The TODD must name the grantor (you), the legal description of the property, one or more beneficiaries, a statement that transfer takes effect at death, and your notarized signature. An error in the deed language can render the TODD void.
3
File the PT-61 transfer tax declaration
Georgia requires a PT-61 form filed through erealestatetax.georgia.gov for most deed transfers. Recording without it will be rejected.
4
Record with the county Superior Court Clerk
The TODD must be recorded while you are alive to have legal effect. Recording fees at Atlanta-area clerk offices are typically under $100. A TODD not recorded before death has no legal effect.
5
Verify the recorded deed
After recording, pull the stamped copy from the county’s online index and confirm the beneficiary names and legal description appear correctly. This takes five minutes.
TODD vs. Revocable Trust: Which One Is Right for You?
The TODD covers one property at death. A revocable trust covers all your assets and also covers incapacity: your successor trustee can manage your affairs if you become unable to.
A TODD costs around $100 in recording fees. A full revocable trust plan with an Atlanta estate planning attorney costs $5,000 to $8,000. For a homeowner with a single property and simple beneficiaries, the TODD delivers the most important result for far less.
The trust wins when you have multiple assets, minor beneficiaries, blended family dynamics, or incapacity concerns. For a full picture of what a trust does, see Benefits of a Trust in Georgia. For another deed-based probate avoidance option, see Joint Tenants with Right of Survivorship in Georgia.
How to Revoke a Transfer on Death Deed
File a revocation deed with the same Superior Court Clerk office where you recorded the original TODD. This is the cleanest method.
Record a new TODD that names different beneficiaries. The most recently recorded TODD controls. The old one is automatically superseded.
Sell or transfer the property. If you convey the property to someone else during your lifetime, the TODD is void. You no longer own the property, so there is nothing for the TODD to transfer.
Important: a will does not revoke a TODD. If your will says your spouse gets the house but the TODD names your children, the TODD controls. Always update the deed at the county clerk’s office directly if your wishes change.
