Dade County Transfer on Death Deed Form

Last validated April 8, 2026 by our Forms Development Team

Dade County Transfer on Death Deed Form

Dade 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 3/31/2026
Dade County Transfer on Death Deed Guide

Dade County Transfer on Death Deed Guide

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

Document Last Validated 4/8/2026
Dade County Completed Example of the Transfer on Death Deed Document

Dade 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 3/31/2026

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

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

Where to Record Your Documents

Dade Clerk of Superior Court

Address:
255 W Crabtree St, Suite 103 / PO Box 417
Trenton, Georgia 30752

Hours: 8:30am - 5:00pm Monday - Friday

Phone: (706) 657-4778 Ext 408

Recording Tips for Dade County:
  • White-out or correction fluid may cause rejection
  • Request a receipt showing your recording numbers
  • Verify the recording date if timing is critical for your transaction

Cities and Jurisdictions in Dade County

Properties in any of these areas use Dade County forms:

  • Rising Fawn
  • Trenton
  • Wildwood

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Dade County

How do I get my forms?

Forms are available for immediate download after payment. The Dade 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 Dade County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Dade 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 Dade 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 Dade County?

Recording fees in Dade County vary. Contact the recorder's office at (706) 657-4778 Ext 408 for current fees.

Questions answered? Let's get started!

Georgia Law 496, effective July 1, 2024, introduced Chapter 17 regarding Transfer on Death (TOD) deeds. This new chapter affects the creation, execution, and enforcement of TOD deeds in the state. Here's how Chapter 17 affects TOD deeds:

Creation and Execution of TOD Deeds:

Property owners can now create a TOD deed to designate a beneficiary who will receive the property upon the owner’s death. The TOD deed must be executed with the same formalities as a regular deed, meaning it must be signed, witnessed, and notarized. The deed must clearly state that the transfer is to occur upon the owner’s death.

Recording Requirements:

To be effective, a TOD deed must be recorded in the county where the property is located before the owner’s death. Failure to record the TOD deed properly may result in it being invalid, and the property would then be subject to probate.

Revocability:

The owner retains the right to revoke the TOD deed at any time during their lifetime. Revocation must be executed and recorded in the same manner as the TOD deed itself. The revocation can be made by executing a new TOD deed that expressly revokes the previous one or by recording an instrument of revocation.

Effect on Ownership and Rights:

During the owner’s lifetime, the TOD deed does not affect the owner’s rights or the property’s ownership. The owner retains full control of the property and can sell, mortgage, or otherwise manage the property without the beneficiary's consent. The TOD deed only takes effect upon the owner’s death.

Impact on Spouses and Joint Owners:

If the property is jointly owned with right of survivorship, the TOD deed will only take effect after the death of the last surviving owner. Both joint owners must sign the TOD deed to ensure it accurately reflects their intentions. In the case of sole ownership, the consent of the non owning spouse may not be legally required but is advisable to prevent potential legal challenges based on marital property or homestead rights.

Priority and Creditor Claims:

The TOD deed does not shield the property from the owner’s creditors. Any liens or debts must be settled before the beneficiary can take full ownership of the property. The property remains subject to any existing mortgages or liens, and the beneficiary will inherit the property subject to these encumbrances.

Homestead Rights:

Georgia’s homestead rights and exemptions may affect the TOD deed. It’s essential to consider these rights, especially in cases where the property is the primary residence and may involve spousal consent.

Probate Avoidance:

The primary advantage of the TOD deed under Chapter 17 is the avoidance of probate. Upon the owner’s death, the property transfers directly to the designated beneficiary without the need for probate proceedings.

Chapter 17 of Georgia Law 496, which governs Transfer on Death (TOD) deeds, includes definitions critical to understanding the application and implications of the law. Here are the explanations for the terms as used in this chapter:
((1) 'Interest in real estate' means any estate or interest in, over or under land, including surface, minerals, structures, fixtures, and easements. (GA 44-17-1(1))
This term is broadly defined to include any type of ownership or stake in real property. It encompasses:
Surface: Ownership or rights related to the surface of the land, including any structures or improvements on it.
Minerals: Subsurface rights, which can include the extraction of minerals, oil, or gas.
Structures: Any buildings or permanent improvements attached to the land.
Fixtures: Items that were once personal property but have been attached to the land or structures in a way that they are considered part of the real estate (e.g., a furnace or built-in cabinetry).
Easements: Rights to use another person’s land for a specific purpose (e.g., utility easements or access roads).
This broad definition ensures that TOD deeds can apply to a wide range of real estate interests, not just traditional ownership of land and buildings.

((2) 'Joint owner' means a person that owns an interest in real estate as a joint tenant with right of survivorship.) This term specifically refers to a person who co-owns an interest in real estate with one or more other people, where the ownership includes the right of survivorship.)
Joint Tenancy with Right of Survivorship: A form of co-ownership where each owner (joint tenant) has an equal share in the property. Upon the death of one joint tenant, their share automatically passes to the surviving joint tenant(s), rather than being distributed according to a will or through probate.
This definition is important for TOD deeds because it clarifies how ownership interests are managed when there are multiple owners. In the context of a TOD deed, if the property is owned as joint tenants with right of survivorship, the TOD deed would only take effect after the death of the last surviving joint owner. Both joint owners must agree and sign the TOD deed to designate a beneficiary who will receive the property upon the death of the surviving owner. (44-17-1(2))

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

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

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Dade 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 Dade 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.

4.8 out of 5 - ( 4693 Reviews )

Veda J.

September 11th, 2020

Good Work!

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Charles H.

December 8th, 2020

Website is user-friendly and very helpful, butI will have to wait until I submit my documents to the Clerk of Court to see if they are acceptable.

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chris m.

March 10th, 2022

Was warned by attorney that forms from internet have lots of mistakes. But after looking all over, took a chance on here. So far, I am satisfied, and actually happy that I got something that (I believe) meets my state and local requirements. Haven't filed the deed yet, or had to put it into effect, but being able to pick the local area, and have the relevant state law listed on the deed, gives me confidence. Also, got the whole package of possibly relevant forms, and a very good guide how to prep the deed with a sample completed deed - greatly appreciated!

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February 4th, 2020

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April 3rd, 2020

Our firm is working remotely and a lot of court services are limited with the corona-virus shutdowns, but we needed to record a Deed at the last minute. There was no other way we'd could get it done that quick without Deeds.com (staff) helped us work out some kinks and we got it recorded in less than 1 business day! Thank you!

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