HB899: HB899 Property; transfer-on-death deeds; modify certain provisions

Georgia lets a property owner sign a transfer-on-death deed (O.C.G.A. Chapter 17 of Title 44) naming a beneficiary who automatically gets the property when the owner dies, without going through probate. This substitute bill revises several of those rules. It lets a beneficiary get a certified copy of the owner's death certificate to prove their interest, clarifies who can accept property on behalf of a minor or ward, and sets rules for what happens if a beneficiary dies before accepting the property. The bill also gives the personal representative of a deceased owner's estate new authority to pay mortgage, tax, and emergency repair costs on the property before a beneficiary accepts it, with a lien to recover that money. For insolvent estates facing foreclosure or condemnation, the representative could sell the property if no beneficiary steps forward. It also changes how these deeds interact with revocation rules and with a surviving spouse or child's year's support claim, and takes effect immediately if the Governor signs it.

• Allows a designated grantee beneficiary of a transfer-on-death deed to obtain a certified copy of the deceased owner's death certificate by amending O.C.G.A. § 31-10-26.
• Rewrites O.C.G.A. § 44-17-2 to spell out who can accept a transfer-on-death interest, including guardians acting for a minor or ward, and requires an affidavit noting marital status at death.
• Gives the personal representative of a solvent estate authority to pay mortgages, property taxes, and emergency repairs on the property before a beneficiary accepts it, backed by a special lien.
• Lets the personal representative of an insolvent estate sell property facing imminent foreclosure or condemnation if no beneficiary has completed the acceptance process.
• Changes revocation rules in O.C.G.A. § 44-17-4 so that a later sale, conveyance to a trust, or the sole beneficiary's death before acceptance automatically revokes the deed.
• Adds a rule to O.C.G.A. § 53-3-5 so a surviving spouse or child's year's support petition yields to an already-effective transfer-on-death deed.

Property owners who use transfer-on-death deeds, the beneficiaries they name, personal representatives handling solvent or insolvent estates, county clerks of superior court who record these documents, vital records custodians, and surviving spouses or minor children who might file for year's support.

These changes affect how quickly and smoothly a home or other real estate passes to a named beneficiary after an owner dies, who can step in to keep up payments or repairs in the meantime, and whether a surviving spouse's year's support claim can override the transfer, shaping outcomes in estate disputes.

• Section 1 amends O.C.G.A. § 31-10-26 so a grantee beneficiary named in a transfer-on-death deed counts as having a direct interest entitled to a certified death certificate copy.
• Section 2 rewrites O.C.G.A. § 44-17-2, detailing acceptance procedures, affidavit requirements, and new personal representative powers to protect property before acceptance, including a special lien with foreclosure rights (subsection (g)).
• Section 2 also lets a personal representative of an insolvent estate record a notice affidavit and sell property in imminent danger of foreclosure, condemnation, or destruction if no beneficiary has accepted it.
• Section 3 revises O.C.G.A. § 44-17-4 on revocation, reducing the witness requirement from two witnesses to one and adding automatic revocation triggers such as a later sale or a sole beneficiary's death before acceptance.
• Section 4 revises O.C.G.A. § 44-17-5 on how the interest transfers, including how lapses among multiple beneficiaries are handled and priority over unsecured debts of the estate.
• Section 5 amends O.C.G.A. § 53-3-5 to state that year's support petitions are subject to the transfer-on-death deed provisions in O.C.G.A. § 44-17-5(a).
• Section 6 makes the Act effective immediately upon the Governor's signature or upon becoming law without signature.

1. 2026-03-04House Committee Favorably Reported By Substitute (House)
2. 2026-01-12House Second Readers (House)
3. 2025-04-04House First Readers (House)
4. 2025-04-02House Hopper (House)

• David Jenkins (R, HD-136)Primary sponsor
• Josh Bonner (R, HD-073)
• Rob Leverett (R, HD-123)
• Beth Camp (R, HD-135)

• transfer-on-death deeds
• property law
• estate planning
• probate and year's support
• real estate transfers