Gwinnett County Transfer on Death Deed Form

Gwinnett 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.

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

Gwinnett County Completed Example of the Transfer on Death Deed Document
Example of a properly completed Georgia Transfer on Death Deed document for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Georgia and Gwinnett County documents included at no extra charge:
Where to Record Your Documents
Gwinnett County Clerk Of Court
Lawrenceville, Georgia 30046
Hours: 8:00am-5:00pm M-F / Recording Until 4:30
Phone: 770-822-8100
Recording Tips for Gwinnett County:
- Request a receipt showing your recording numbers
- Avoid the last business day of the month when possible
- Make copies of your documents before recording - keep originals safe
Cities and Jurisdictions in Gwinnett County
Properties in any of these areas use Gwinnett County forms:
- Buford
- Dacula
- Duluth
- Grayson
- Lawrenceville
- Lilburn
- Norcross
- North Metro
- Snellville
- Suwanee
Hours, fees, requirements, and more for Gwinnett County
How do I get my forms?
Forms are available for immediate download after payment. The Gwinnett 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 Gwinnett County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Gwinnett County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Gwinnett 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 Gwinnett County?
Recording fees in Gwinnett County vary. Contact the recorder's office at 770-822-8100 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 Gwinnett County to use these forms. Documents should be recorded at the office below.
This Transfer on Death Deed meets all recording requirements specific to Gwinnett County.
Our Promise
The documents you receive here will meet, or exceed, the Gwinnett County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Gwinnett 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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November 19th, 2024
So far this has been a great experience. Very easy to use the deeds.com website and download the forms. Very nice that they give example forms and guides to help you fill out the forms. I just have to wait to make sure that the forms are accepted and recorded with no issues.
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Sheryl B.
March 2nd, 2019
Great forms. Just what I needed.
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February 2nd, 2024
Very easy process and the customer service representatives are very friendly and helpful.
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Doug C.
November 20th, 2020
Great Job guys! I would not even have thought to look for this service. The county recorder's office and kiosks are all closed because of covid. I was directed to you because of a referral on the county site. I wish I had known you had forms available as well. I searched for a day to find the appropriate form.
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Joseph D.
November 14th, 2024
Easy to use and a quick turnaround Deed was recorded and retuned within 24 hours
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September 9th, 2021
I find the site very difficult to nagitagte.
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May 2nd, 2019
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November 27th, 2019
everything worked well,
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December 9th, 2020
Excellent! Great communication through the process and quick response.
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Carleton G.
August 8th, 2020
I found everything I needed. Very easy to use. I am very satisfied.
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LEON S.
November 16th, 2019
recorded deed space to small for corrective deed requirement
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Daniel D.
June 3rd, 2019
Easier than I expected. I followed the downloaded examples step by step, and before I knew it, the form was completed correctly and good to go. Thank you, Daniel D.
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Thomas W.
January 16th, 2019
easy to use, no problems except in beneficiary box. Need to make the box bigger because I have 4 beneficiaries to list. how do I enlarge the box.
Thanks for reaching out. All available space on the document is being used. As is noted in the guide, if you have information that does not fit in the available space the included exhibit page should be used.
Sally Ann C.
November 16th, 2019
Thank you for your service. It seems to have worked, I printed a document purporting to be the Deed I needed. I was somewhat disappointed though - I was expecting something as impressive as the Title Search, which goes back to 1828 and includes Millard Fillmore, admittedly not one of our most celebrated Presidents. But I am happy to have what I have, and thank you again! peace - SAVC
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Thomas V.
January 7th, 2019
Easy to use. Accomplished my goal
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