Clayton County Transfer on Death Deed Form

Georgia's Transfer on Death Deed — introduced by Georgia Law 496 and effective July 1, 2024 — allows a single record owner to designate one or more grantee beneficiaries to receive real property automatically at death, completely bypassing the probate process. Georgia joined the majority of states recognizing this tool only recently, and the statute — found at O.C.G.A. § 44-17-1 through § 44-17-7 — comes with rules that differ meaningfully from what other states require, particularly on revocation, the beneficiary's claim deadline, and the effect on a non-owning spouse's homestead rights. This form is designed for a property held by one record owner. If the property is held by two owners as joint tenants with right of survivorship, a different form is required. See the Georgia Transfer on Death Deed for Joint Tenants with Right of Survivorship.

What This Georgia Transfer on Death Deed Does

The deed designates a grantee beneficiary — a person, trust, or other entity — to receive the property upon the record owner's death. During the owner's lifetime, nothing changes: the owner retains full legal and equitable ownership, can sell, mortgage, or lease the property without the beneficiary's consent, and can revoke or change the designation at any time. The beneficiary receives no present interest and has no rights to the property while the owner is alive (O.C.G.A. § 44-17-7). At the owner's death, the property passes to the designated beneficiary by operation of law, without a probate proceeding, provided the beneficiary timely records the required affidavit.

Who Should Use This Form

This form is for a single record owner — an individual who holds title alone, whether unmarried, married and holding as separate property, or otherwise the sole name on the deed. It is also appropriate for a sole owner who is married, with the non-owning spouse signing to address homestead rights (see below). If the current deed shows two owners holding as joint tenants with right of survivorship, both owners must execute a joint TOD deed — see the Georgia Transfer on Death Deed for Joint Tenants.

Georgia-Specific Execution Requirements

The deed must be signed by the record owner in the presence of two witnesses and a notary public. The notary may count as one of the two required witnesses (O.C.G.A. § 44-2-15). Do not sign the deed before appearing before the notary — a signature made outside the notary's presence invalidates the acknowledgment. The owner's name must appear exactly as it does on the current vesting deed. If the name has changed since acquisition, both the current name and the prior name should be recited in the deed.

Georgia-Specific Traps

Preparer Identification and Return Address

Under O.C.G.A. § 44-2-14, the name and mailing address of the person who prepared the deed and the name and address of the person to whom the recorded deed should be returned must appear on the first page. Clerks of Court routinely reject deeds that omit either item.

The Three-Inch Top Margin

The first page must have a three-inch blank margin at the top, reserved for the Clerk of Court's recording stamp. Any content placed in that zone will result in rejection. This form is formatted to meet that requirement.

Homestead Rights and Spousal Assent

Georgia's homestead and marital property laws may affect the TOD deed when the property is the owner's primary residence. Although a non-owning spouse's signature is not legally mandated for a sole-owner TOD deed, having the non-owning spouse sign is advisable when the property serves as the family home. A spouse who held any interest or claim before the TOD deed was executed retains that claim; a person who becomes the owner's spouse after the deed is recorded has no claim against the designated beneficiary (O.C.G.A. § 44-17-5(a)).

Marital Status in Beneficiary Designations

Georgia deed practice requires reciting the marital status of each individual grantee beneficiary — for example, "a single man," "an unmarried woman," or "a married man, as his sole and separate property." For trust beneficiaries, name the trustee in their fiduciary capacity rather than naming the trust as the direct grantee; a trust itself cannot hold title.

Revocation Cannot Be Done by Will

A TOD deed cannot be revoked by a will. Revocation requires a separate recorded instrument that expressly references the original TOD deed, signed by the record owner and attested by an officer and two witnesses, and recorded with the Clerk of Superior Court in the same county (O.C.G.A. § 44-17-4). Alternatively, recording a new TOD deed automatically revokes all prior beneficiary designations for the same property.

The Nine-Month Beneficiary Claim Deadline

After the record owner dies, the designated grantee beneficiary must record an affidavit — together with a copy of the death certificate — with the Clerk of Superior Court in the county where the property is located within nine months of the date of death. The affidavit must confirm the owner's death, state whether the beneficiary and owner were married at the time of death, and include the legal description of the property. Missing this deadline causes the property interest to revert to the deceased owner's estate, potentially requiring probate (O.C.G.A. § 44-17-2(d)).

Creditors and Liens Are Not Eliminated

The TOD deed does not shield the property from the owner's recorded debts. The beneficiary takes the property subject to all mortgages, liens, and encumbrances of record at the time of the owner's death (O.C.G.A. § 44-17-5(a)).

Property Tax Transfer Form

The PT-61 real estate transfer tax form is ordinarily required at recording for deeds that transfer property. Because a TOD deed conveys no present ownership interest, PT-61 requirements at the time of recording should be confirmed directly with the local Clerk of Court before submission (O.C.G.A. § 48-6-4).

Recording

The deed must be recorded with the Clerk of Superior Court in the county where the property is located before the owner's death. An unrecorded TOD deed is not effective. Submit the original signed deed — not a copy — along with applicable recording fees. Print single-sided on 8.5" × 11" white paper. Do not bind, staple, or highlight the document. Include a self-addressed stamped envelope for return of the recorded original.

What Is Included

The download includes the Georgia Transfer on Death Deed formatted to meet state and county recording requirements, including the three-inch first-page margin, preparer and return-address fields, and the statutory notice language required by O.C.G.A. § 44-17-3. Also included are a completed example showing how to fill in each field and an instruction guide covering Georgia's execution requirements, the nine-month beneficiary claim deadline, homestead considerations, and revocation rules.