Georgia Forms

Stewart County Transfer on Death Deed Form

Stewart County Transfer on Death Deed Form

Stewart 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 6/6/2025
Stewart County Transfer on Death Deed Guide

Stewart County Transfer on Death Deed Guide

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

Document Last Validated 7/18/2025
Stewart County Completed Example of the Transfer on Death Deed Document

Stewart 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 7/21/2025

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

Immediate Download • Secure Checkout

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

Where to Record Your Documents

Clerk of Superior Court
Address:
102 Broad St
Lumpkin, Georgia 31815

Hours: 8:00 - 4:30 Monday - Friday

Phone: (229) 838-6220

Recording Tips for Stewart County:
  • Double-check legal descriptions match your existing deed
  • Recording fees may differ from what's posted online - verify current rates
  • Leave recording info boxes blank - the office fills these
  • Consider using eRecording to avoid trips to the office

Cities and Jurisdictions in Stewart County

Properties in any of these areas use Stewart County forms:

  • Louvale
  • Lumpkin
  • Omaha
  • Richland

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Stewart County

How do I get my forms?

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

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Stewart 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 Stewart 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 Stewart County?

Recording fees in Stewart County vary. Contact the recorder's office at (229) 838-6220 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 Stewart County to use these forms. Documents should be recorded at the office below.

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

Our Promise

The documents you receive here will meet, or exceed, the Stewart 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 Stewart 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 - ( 4578 Reviews )

Timothy G.

August 1st, 2020

Easy peezy.

Reply from Staff

Thank you!

Janice S.

August 27th, 2019

Well, you couldn't find the deeds, but you didn't charge me for it so great! Thanks Jan

Reply from Staff

Thank you for your feedback. Sorry we were not able to assist you better with your deed search. Have a wonderful day!

marc g.

April 13th, 2021

Nice product and Fillable PDF's :) Thanks Deeds!!

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Tina C.

August 26th, 2021

Quick and easy ordering and download. Appreciated that I could get the form that is used in my county. Would have like to be able to add paragraphs to form.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Karen L.

October 8th, 2021

My card was charged twice in error, I contacted deeds.com and within minutes, the error was corrected! Fast service, thank you deed.com

Reply from Staff

Thank you!

Flordeliza R.

February 6th, 2023

Once I was able to get my scanner working and provide good quality scans, the turnaround was quick and my documents were recorded and returned to me the same day with the Recorder's Stamp for download. Deeds.com staff was able to guide me to make sure my package was complete. Thank you!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Nancy C.

April 3rd, 2024

Easy to use, found what I was looking for.

Reply from Staff

We are grateful for your feedback and looking forward to serving you again. Thank you!

Ann B.

December 27th, 2019

Works perfect. Saved money hiring someone to do this work.

Reply from Staff

Thank you!

Catherine E.

January 7th, 2021

I was referred to your company, but when i tried to process the recording of a deed to a property in City of Philadelphia my service was rejected. I appreciated the feedback i received from one of your representatives who instructed me in the right process for recording a deed in philadelphia. Thank you for all your help. The deed that needed to be recorded was overnighted yesterday. Stay safe and mask up

Reply from Staff

Thank you!

John G.

March 25th, 2020

Very straightforward ordering process to obtain the forms I needed. Thank you.

Reply from Staff

Thank you!

Jerome R.

July 26th, 2023

Deeds.com handled my needs quickly and very economically. I would recommend them to anyone needing the services they offer.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Thi W.

May 3rd, 2019

Absolutely the easiest and fastest service ever!!! staff very helpful.

Reply from Staff

Thank you!

THOMAS C.

June 25th, 2020

Very fast service

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Mary W.

June 9th, 2019

Great service. Thank you

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

catherine f.

May 28th, 2019

Easy! 5 stars

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!