Commonly, when people create their wills, they identify one or more individuals to supervise the distribution of their assets. The person who fills this role is called an executor. An executor uses an assent to devise to transfer real property from the decedent's estate to beneficiaries named in the decedent's will.

Under Georgia law, "title to property in the estate does not pass to the heirs or beneficiaries until the personal representative assents thereto" (OCGA 53-8-15).

Record the completed assent to devise, along with any necessary supporting documents, with the real property records of the appropriate county. This shows that the executor assents to the passing of title from the decedent to the beneficiary.

Consult an attorney with questions about the assent to devise form, or with any other issues related to probate in Georgia.

(Georgia Assent to Devise Package includes form, guidelines, and completed example)

These are different form types, not alternate versions of the current form.

Administrator Deed

Transfer estate property through an administrator.

Certificate of Trust

Certify the existence of a trust and the trustee authority to act, in place of recording the full trust. Includes certification of trust and trustee certificate formats.

Disclaimer of Interest

Formally decline or renounce an interest in property.

Trustees Deed

Transfer property from a trust through a trustee.

Important: County-Specific Forms

Our assent to devise forms are specifically formatted for each of the 159 counties in Georgia.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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