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 a beneficiary to receive real property at death. The transfer happens outside the probate process. The beneficiary has no ownership rights until then. If you came here looking for a lady bird deed in Georgia, this is the tool Georgia uses in its place. You sign the deed, record it with your county’s Superior Court Clerk, and keep full control of the property while you are alive.
A simple Georgia probate takes about 13 months and costs an average of $14,700 in attorney and court fees. A TODD avoids that process for the named property. The deed costs $550 at Atlanta Estate Planning. Georgia’s recording fee is separate. See how much a Transfer on Death Deed costs in Georgia for the full breakdown.
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. They 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. They also record an acceptance affidavit. Georgia no longer sets a deadline for that filing. House Bill 413 removed the old nine month window, and the penalty that sent the property back to the estate, for deaths on or after July 1, 2026. In its place, a personal representative appointed for the estate must notify each named beneficiary that the deed exists. Once the affidavit is recorded, the deed is in the beneficiary’s 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 $550 TODD accomplishes what a $3,500 trust would for this one asset.
Married couples have a second option worth comparing. Instead of naming a spouse as a TODD beneficiary, many couples simply add the spouse to the deed as a joint tenant with survivorship. That gives the spouse ownership today rather than at death, which is the real tradeoff between the two.
When a TODD Is Not Enough
You own more than real estate. A TODD only transfers the property named on the deed. Your bank accounts and retirement accounts still go through probate. A TODD for your home alone will not solve that.
You have minor children as beneficiaries. A minor cannot legally hold title to real property. Naming a minor starts a guardianship or conservatorship case in court. That is often the same process you were trying to avoid.
You have a blended family. A TODD alone may not stop a Year’s Support claim from a surviving spouse under O.C.G.A. § 53-3-1. A revocable trust handles this better.
You want incapacity protection. A TODD does nothing while you are alive and unable to make decisions. A funded revocable trust with a backup trustee covers both incapacity and death.
Medicaid is a concern. Georgia can seek repayment from your home after you die if Medicaid paid for your long-term care. A TODD does not stop 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
Georgia does provide an optional statutory form at O.C.G.A. § 44-17-3, but you do not have to use it. Any deed you use instead must be substantially similar to that form to be valid. 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. A generic downloaded form or a small 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. Georgia charges one flat fee to record it, under O.C.G.A. § 15-6-77(f)(1)(A)(i), and that fee is the same in Fulton, DeKalb, Cobb, Gwinnett, and every other county. 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. 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. A trust also covers incapacity, since your successor trustee can manage your affairs if you become unable to.
A TODD costs $550 at Atlanta Estate Planning, and the county’s recording fee is separate. A full revocable trust plan costs $3,500. 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 sell or give away the property while you are alive, the TODD becomes void. You no longer own the property, so there is nothing left to transfer.
Important: a will does not revoke a TODD. If your will names your spouse but the TODD names your children, the TODD controls. Always update the deed itself at the county clerk’s office if your wishes change.
If you also need to update your will itself, such as changing a beneficiary or executor, see how to amend a will in Georgia with a codicil for the exact signing steps.
