Cobb County Transfer on Death Deed Form

Last validated April 19, 2026 by our Forms Development Team

Cobb County Transfer on Death Deed Form

Cobb County Transfer on Death Deed Form

Fill in the blank Transfer on Death Deed form formatted to comply with all Georgia recording and content requirements.

Document Last Validated 4/19/2026
Cobb County Transfer on Death Deed Guide

Cobb County Transfer on Death Deed Guide

Line by line guide explaining every blank on the Transfer on Death Deed form.

Document Last Validated 4/19/2026
Cobb County Completed Example of the Transfer on Death Deed Document

Cobb County Completed Example of the Transfer on Death Deed Document

Example of a properly completed Georgia Transfer on Death Deed document for reference.

Document Last Validated 4/19/2026

All 3 documents above included • One-time purchase • No recurring fees

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Important: Your property must be located in Cobb County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Cobb County Clerk of Superior Court

Address:
10 East Park Sq
Marietta, Georgia 30090

Hours: 8:00am-5:00pm Monday through Friday

Phone: (770) 528-1360 and 1328

Recording Tips for Cobb County:
  • Check that your notary's commission hasn't expired
  • Mornings typically have shorter wait times than afternoons
  • Bring multiple forms of payment in case one isn't accepted

Cities and Jurisdictions in Cobb County

Properties in any of these areas use Cobb County forms:

  • Acworth
  • Austell
  • Clarkdale
  • Kennesaw
  • Mableton
  • Marietta
  • Powder Springs
  • Smyrna

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Cobb County

How do I get my forms?

Forms are available for immediate download after payment. The Cobb County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Cobb County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Cobb County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Cobb County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Cobb County?

Recording fees in Cobb County vary. Contact the recorder's office at (770) 528-1360 and 1328 for current fees.

Questions answered? Let's get started!

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.

Important: Your property must be located in Cobb County to use these forms. Documents should be recorded at the office below.

This Transfer on Death Deed meets all recording requirements specific to Cobb County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Cobb County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

Get your Cobb County Transfer on Death Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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