Irwin County Transfer on Death Deed Form (Georgia)

All Irwin County specific forms and documents listed below are included in your immediate download package:

Transfer on Death Deed Form

Irwin 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.
Included Irwin County compliant document last validated/updated 6/6/2025

Transfer on Death Deed Guide

Irwin County Transfer on Death Deed Guide

Line by line guide explaining every blank on the Transfer on Death Deed form.
Included Irwin County compliant document last validated/updated 5/1/2025

Completed Example of the Transfer on Death Deed Document

Irwin County Completed Example of the Transfer on Death Deed Document

Example of a properly completed Georgia Transfer on Death Deed document for reference.
Included Irwin County compliant document last validated/updated 6/4/2025

When using these Transfer on Death Deed forms, the subject real estate must be physically located in Irwin County. The executed documents should then be recorded in the following office:

Clerk of Superior Court

301 South Irwin Ave, Suite 103, Ocilla, Georgia 31774

Hours: 8:00am-5:00pm M-F

Phone: (229) 468-5356

Local jurisdictions located in Irwin County include:

  • Irwinville
  • Mystic
  • Ocilla
  • Wray

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Irwin County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Irwin County using our eRecording service.
Are these forms guaranteed to be recordable in Irwin County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Irwin County including margin requirements, content requirements, font and font size requirements.

Can the Transfer on Death Deed forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Irwin County that you need to transfer you would only need to order our forms once for all of your properties in Irwin County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Georgia or Irwin County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Irwin County Transfer on Death Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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))

Our Promise

The documents you receive here will meet, or exceed, the Irwin 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 Irwin 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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June 30th, 2025

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June 30th, 2025

Breeze.... It feels silly to hire an attorney to do this for just one beneficiary. Thanks.

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June 29th, 2025

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June 14th, 2022

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October 20th, 2019

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January 20th, 2021

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March 5th, 2019

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February 4th, 2023

Great forms - I got several property deeds and really appreciated that they came with the required state forms (for NY). the sample completed form is also really helpful. Attorney wanted hundreds- with this form it is the same amount of work but I can file myself for the cost of lunch!!

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September 19th, 2020

Ordered and filled out the quitclaim forms. Had no issues with preparing or recording, smooth process.

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May 29th, 2019

My sale is a land contract and it is complicated. We were thinking we'd have to get an attorney. Your site is very thorough and helpful. We will still have an attorney look over our final papers --and we are still waiting on my deed from the bank to finalize our input. Had several questions, but they seemed to be answered as I went along. The actual process of downloading and saving and having a link went very smoothly. Thank you.

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Daniel L.

April 27th, 2019

Very good. The right forms and instructions . Thanks

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Virginia W.

March 14th, 2021

Easy instructions and a example on how to fill out the form.

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Daniel B.

December 24th, 2024

easy to use and upload.

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Sandra C.

December 30th, 2020

Quick and easy. Would recommend this site to everyone. Deed was sent to the site and recorded at my local county within 24 hours. Website could be set up better. Not labeled well for us that is not computer savvy.

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December 19th, 2020

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