---
title: HB 899. Property; transfer-on-death deeds; modify certain provisions
collection: bills
id: 2025-2026/hb899
cite_as: HB 899, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb899
md_url: https://georgiacommons.org/bills/2025-2026/hb899.md
text_url: https://georgiacommons.org/bills/2025-2026/hb899/text
source_url: https://www.legis.ga.gov/legislation/71972
date: 2026-03-04
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/hb898.md
next: https://georgiacommons.org/bills/2025-2026/hb900.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 199
omitted_url: https://georgiacommons.org/bills/2025-2026/hb899.md?full=1
bill_number: HB 899
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-04-02
last_action: House Committee Favorably Reported By Substitute
sponsors:
  - David Jenkins
  - Josh Bonner
  - Rob Leverett
  - Beth Camp
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB899/2025
upstream_id: 2019467
summaries_model: claude-sonnet-5
topic_tags:
  - transfer-on-death deeds
  - estate planning
  - property law
  - probate and estates
  - real estate
---

# HB 899. Property; transfer-on-death deeds; modify certain provisions

## Text

The House Committee on Judiciary offers the following substitute to HB 899:
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 31-10-26 of the Official Code of Georgia Annotated, relating to
certified copies of vital records, duplicates, and data, so as to provide for vital record access
to certain grantee beneficiaries; to amend Chapter 17 of Title 44 of the Official Code of
Georgia Annotated, relating to transfer-on-death deeds, so as to modify certain provisions
regarding transfer-on-death deeds; to provide for property of solvent and of insolvent estates;
to provide for the acceptance of a real estate transfer; to provide for revocation; to provide
for limitations; to provide for curing defects; to amend Chapter 3 of Title 53 of the Official
Code of Georgia Annotated, relating to year's support, so as to provide for precedence of
transfer-on-death deeds; to provide for related matters; to provide for an effective date; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 31-10-26 of the Official Code of Georgia Annotated, relating to certified copies
of vital records, duplicates and data, is amended by revising subparagraph (a)(1)(A) as
follows:
"(A) A certified copy of a vital record in that registrar's or custodian's custody or
abstract thereof to any applicant having a direct and tangible interest in the vital record,
<ins>including, but not limited to, any grantee beneficiary designated by a record owner in
a deed titling an interest in real estate in a transfer-on-death form as provided in
subsection (a) of Code Section 44-17-2;"
</ins> SECTION 2.
Chapter 17 of Title 44 of the Official Code of Georgia Annotated, relating to
transfer-on-death deeds, is amended by revising Code Section 44-17-2, relating to
requirements, as follows:
"44-17-2.
<ins>(a)(1)</ins> An interest in real estate may be titled in a transfer-on-death form by recording a
deed, signed by the record owner of the interest, designating a grantee beneficiary or
beneficiaries of the interest.
<ins>(2) The record owner shall have the same legal capacity required to enter into a contract
in order to execute a transfer-on-death deed.</ins> <del>Such deed shall transfer ownership of such
interest upon the death of the record owner.
</del> <ins>(3) An attorney in fact shall not be authorized to execute a transfer-on-death deed on
behalf of a record owner.
(4)</ins> A transfer-on-death deed need not be supported by consideration.
<ins>(5) In a transfer-on-death deed, the record owner shall be authorized but not restricted
to:
(A) Designate one or more alternate grantee beneficiaries whose property interests are
contingent upon a primary grantee beneficiary who either predeceases the record owner
or dies during the acceptance period before accepting the property; and
(B) Convey a beneficiary interest to an express trust by naming the trustee as a
designated grantee beneficiary.
</ins>
<ins>(6) In a transfer-on-death deed, the record owner shall not be authorized to:
(A) Create or declare an express trust pursuant to Code Section 53-12-20; or
(B) Create a beneficial interest in real property pursuant to Article 8 of Chapter 12 of
Title 53.
(7) A real estate transfer tax declaration form shall not be filed with a transfer-on-death
deed filed by the record owner.
</ins> (b) The signature, consent, or agreement of or notice to a grantee beneficiary or
beneficiaries of a transfer-on-death deed shall not be required for any purpose during the
lifetime of the record owner.
<ins>(c)(1) A transfer-on-death deed shall transfer ownership of the record owner's interest
in real estate to each grantee beneficiary upon both of the following being complete after
the death of the record owner:
(A) Execution of the affidavit required by subsection (d) of this Code section; and
(B) Recording such affidavit as required by subsection (e) of this Code section.
(2) An interest in real estate passing pursuant to a transfer-on-death deed may be
accepted by each designated grantee beneficiary who is either a sui juris individual, a
trustee, or any other legal entity over which such individual has proper authority. If a
designated grantee beneficiary is a ward or minor, a legal guardian or legal conservator
may accept such interest in real estate pursuant to a transfer-on-death deed on behalf of
such ward or minor.
(3) A designated grantee beneficiary shall not accept such interest in real estate on behalf
of another designated grantee beneficiary, except as provided for in paragraph (2) of this
subsection.
(c)(d) Each designated grantee beneficiary wishing to</ins> <del>To</del> accept real estate pursuant to a
transfer-on-death deed, <del>a designated grantee beneficiary</del> shall execute an affidavit
affirming:
(1) Verification of the record owner's death;
(2) Whether the record owner and the designated grantee beneficiary were married at the
time of the record owner's death; <del>and
</del> <ins>(3) The deed book and page number of the recorded transfer-on-death deed; and
</ins> <del>(3)(4)</del> A legal description of the real estate.
<del>(d)(e)</del> The designated grantee beneficiary shall attach a copy of the record owner's death
certificate to the affidavit provided for in subsection <del>(c)</del> <ins>(d)</ins> of this Code section. For a
record owner's death occurring on or after July 1, 2024, the designated grantee beneficiary
shall record such affidavit, <ins>real estate transfer tax declaration form,</ins> and related documents
with the office of the clerk of superior court of the county where the real estate is located
within nine months of the record owner's death or the interest in the property shall revert
to the deceased record owner's estate; <del>provided, however, that for a record owner's death
occurring before July 1, 2024, such recording of the affidavit provided for in subsection (c)
of this Code section and related documents by the designated grantee beneficiary or
beneficiaries shall not be subject to the nine-month time limitation.
</del> <ins>(f) Notwithstanding the provisions of paragraph (1) of subsection (c) of this Code section
to the contrary, a designated grantee beneficiary affidavit recorded pursuant to this Code
section before July 1, 2026, in which one or more of the named designated grantee
beneficiaries of a transfer-on-death deed explicitly accepts the interests being conveyed by
such deed on behalf of all or some of the designated grantee beneficiaries named in the
affidavit shall be effective to accept such interests if executed by at least one of the
designated grantee beneficiaries accepting such interests.
(g)(1) The personal representative of the estate of a deceased record owner shall provide
each designated grantee beneficiary with notice of the transfer-on-death deed in
accordance with the same requirements and conditions as provided in Code
Section 53-5-8.
(2)(A) The personal representative of the solvent estate of a deceased record owner
shall be authorized to incur expenses for mortgage payments, property taxes, and any
</ins>
<ins>repairs that render the property in imminent danger of being destroyed if not completed
as solely determined by the personal representative or the city or county code
enforcement until the interest in such property is accepted by a designated grantee
beneficiary or beneficiaries. The estate shall be entitled to repayment of such expenses
incurred during such time and shall have a priority special lien against the property for
any amount that is not repaid within one year after such acceptance. Such lien shall be
inferior to any liens for property taxes or previously recorded security deeds.
(B) If the special lien has not been paid in full at the expiration of the one-year period,
the estate shall have 30 days to file a claim of lien in the office of the clerk of superior
court of the county where the property is located. The lien shall attach to the property
for a period of 365 days from the recording date of the lien in the same manner as
provided in Code Section 44-14-367.
(C) No later than two business days after the date the claim of lien is filed of record,
the estate shall send a true and accurate copy of the claim of lien by registered mail,
certified mail, or statutory overnight delivery to the owner of the property.
(D) The estate shall have the right to commence a foreclosure of the lien prior to its
expiration in the same manner as the enforcement of mechanic's liens pursuant to Code
Section 44-14-361.
(3) In the event that a property which is part of an insolvent estate is subject to imminent
danger of foreclosure, condemnation, or destruction, after receiving notice by a secured
lender or government entity, the personal representative of such insolvent estate shall be
authorized to record an affidavit of notice in the office of the clerk of superior court of
the county where the property is located to which the notice of imminent foreclosure,
condemnation, or destruction shall be attached. If no designated grantee beneficiary has
completed the requirements of subsections (d) and (e) of this Code section, the estate's
personal representative shall have the right to sell the property and pay off all debts, and
any remaining proceeds shall revert back to the estate.
</ins>
<ins>(h) Each designated grantee beneficiary shall be deemed as having direct and tangible
interest in real estate for the purpose of applying for the issuance of a certified copy of the
certificate of death of such record owner pursuant to subparagraph (a)(1)(A) of Code
Section 31-10-26."
</ins> SECTION 3.
Said chapter is further amended by revising subsection (a) and by adding a new subsection
to Code Section 44-17-4, relating to revocation or amendment, as follows:
"(a) A record owner of an interest in real estate who has titled such interest in a
transfer-on-death deed form and designated a beneficiary or beneficiaries in the manner
provided in this chapter may revoke such designation of the grantee beneficiary or
beneficiaries at any time prior to the death of such record owner, by executing,
acknowledging, and recording in the office of the clerk of superior court of the county
where the real estate is located an instrument revoking such designation. The instrument
of revocation shall refer to the initial transfer-on-death deed, shall be signed by the record
owner <del>or such record owner's duly authorized attorney-in-fact,</del> and such signature shall be
attested by an officer as provided in Code Section 44-2-15 and attested by <del>two</del> <ins>one</ins> other
<del>witnesses</del> <ins>witness.</ins> <del>Such revocation may be included in another deed or other instrument
of conveyance that is recorded.</del> The signature, consent, or agreement of or notice to the
designated grantee beneficiary or beneficiaries to the revocation shall not be required."
<ins>"(d) In any case where the record owner subsequently sells or conveys an interest in real
estate before such record owner's death or conveys an interest in real estate to a trustee of
such record owner's express trust, or where the death of a sole designated grantee
beneficiary occurs before acceptance, the transfer-on-death deed intended for conveyance
to the designated grantee beneficiary is rendered revoked."
</ins>
SECTION 4.
Said chapter is further amended by revising Code Section 44-17-5, relating to grantee
beneficiary rights and prior death of designated grantee beneficiary, as follows:
"44-17-5.
(a) A grantee beneficiary or the beneficiaries of a transfer-on-death deed shall take the
interest in real estate of the record owner <del>at the death of such record owner</del> <ins>upon the
acceptance of such interest pursuant to Code Section 44-17-2,</ins> free and clear of any claims
or interest as to a person who became the spouse of the record owner subsequent to the
execution of the transfer-on-death deed, subject to all recorded conveyances, assignments,
contracts, mortgages, liens, and security pledges made by the record owner or to which the
record owner was subject during the lifetime of such record owner, including, but not
limited to, any recorded executory contract of sale, option to purchase, lease, license,
easement, mortgage, deed of trust or lien, and to any interest conveyed by the record owner
that is less than all of the record owner's interest in the property; provided, however, that
a nonconsensual lien against the grantee beneficiary or beneficiaries shall not attach to the
property until the recording of the affidavit described in <ins>subsections (d) and (e) of</ins> Code
Section 44-17-2. <ins>A transfer-on-death deed takes precedence and priority over all unsecured
debts of the record owner's estate filed upon the death of the record owner, unless the
property is unredeemed.
</ins> (b) If one or more of the designated grantee beneficiaries dies prior to the death of the
record owner, the transfer to those beneficiaries who predecease the record owner shall
lapse and shall be deemed revoked, <ins>and the lapsed interest shall be split evenly among the
remaining designated grantee beneficiaries who are living at the time of the death of the
record owner and shall not revert to the estate. Similarly, if one or more of the designated
grantee beneficiaries die after the death of the record owner, but before acceptance of the
property, the transfer to such beneficiaries who die after the record owner shall lapse and
shall be deemed revoked, and the lapsed interest shall be split evenly among the remaining
</ins>
<ins>designated grantee beneficiaries who are living at the time of the death of the record owner
and shall not revert to the estate.</ins> In the event the grantee beneficiary or beneficiaries are
designated in the deed to be joint tenants with right of survivorship, the death of one or
more of the designated grantee beneficiaries prior to the death of the record owner shall not
invalidate an otherwise validly created joint tenancy estate as to those designated grantee
beneficiaries who are living at the time of the death of the record owner."
SECTION 5.
Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to year's support,
is amended by revising Code Section 53-3-5, relating to filing of petition, as follows:
"53-3-5.
(a) <ins>Except as provided by subsection (a) of Code Section 44-17-5, upon</ins> <del>Upon</del> the death
of any individual leaving an estate solvent or insolvent, the surviving spouse or a guardian
or other person acting <del>in</del> <ins>on</ins> behalf of the surviving spouse or <del>in</del> <ins>on</ins> behalf of a minor child
may file a petition for year's support in the probate court having jurisdiction over the
decedent's estate. If the petition is brought by a guardian acting on behalf of a minor child,
no additional guardian ad litem shall be appointed for such minor child unless ordered by
the court.
(b) The petition shall set forth, as applicable, the full name of the surviving spouse, the full
name and <del>birthdate</del> <ins>birth date</ins> of each surviving minor child, and a schedule of the property,
including household furniture, that the petitioner proposes to have set apart as year's
support. The petition shall describe fully and accurately any real property the petitioner
proposes to have set apart as year's support with a legal description sufficient under the
laws of this state to pass title to the real property.
(c) A petition for year's support shall be filed within 24 months of the date of death of the
decedent."
SECTION 6.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

A House Judiciary substitute would overhaul Georgia's transfer-on-death deed law, changing how and when beneficiaries actually receive property, adding new estate management powers, and giving these deeds priority over certain other claims after an owner dies.

### Plain-language summary

Georgia lets property owners record a transfer-on-death deed (O.C.G.A. Chapter 17 of Title 44) naming a beneficiary who receives the property when the owner dies, without going through probate. This bill rewrites large parts of that law. It says a beneficiary does not automatically own the property at death; instead, ownership passes only after the beneficiary files a sworn affidavit and records it with the county superior court clerk, a step the bill calls acceptance. It also bars an attorney-in-fact from signing a transfer-on-death deed for someone else, allows owners to name backup beneficiaries or a trust as beneficiary, and removes the ability to file a real estate transfer tax form with these deeds.
The bill gives an estate's personal representative new authority to pay a property's mortgage, taxes, and urgent repairs while waiting for a beneficiary to accept, and lets the estate place a lien for unpaid costs. It also lowers the number of witnesses needed to revoke a transfer-on-death deed from two to one, changes what happens if a beneficiary dies before accepting the property, and gives these deeds priority over unsecured debts and, in most cases, priority over year's support claims. It also lets named beneficiaries get a copy of the owner's death certificate. The changes take effect once the Governor signs the bill or it becomes law without a signature.

### What it does

- Requires a named beneficiary to file and record a sworn affidavit before actually receiving ownership of the property, instead of getting it automatically when the owner dies.
- Bars anyone acting as an attorney-in-fact (a person given power of attorney) from signing a transfer-on-death deed or a revocation of one for the property owner.
- Lets a property owner name backup beneficiaries and allows a trust to be named as beneficiary of a transfer-on-death deed.
- Removes the requirement to file a real estate transfer tax form with a transfer-on-death deed.
- Lets an estate's personal representative pay a property's mortgage, taxes, and urgent repairs before a beneficiary accepts it, and place a lien on the property to recover unpaid costs.
- Reduces the number of witnesses needed to revoke a transfer-on-death deed from two to one and gives these deeds priority over unsecured debts and, in most cases, over year's support claims.

### Who it affects

Georgia property owners who use transfer-on-death deeds, the family members or trusts named as beneficiaries, personal representatives handling estates, county superior court clerks who record these documents, and probate courts handling year's support petitions for surviving spouses and minor children.

### Why it matters

Beneficiaries would need to complete a formal acceptance process, including recording an affidavit and death certificate, before they legally own inherited property, changing what had been an automatic transfer at death. Estates gain new power to protect property from foreclosure or damage while that process plays out, and these deeds would generally outrank unsecured creditors and year's support claims.

### Key provisions

- Section 1 lets a named beneficiary of a transfer-on-death deed get a certified copy of the owner's death certificate from vital records (O.C.G.A. § 31-10-26).
- Section 2 rewrites O.C.G.A. § 44-17-2 so ownership passes only after a beneficiary executes and records an acceptance affidavit, bars attorneys-in-fact from executing these deeds, and allows contingent beneficiaries and trust beneficiaries.
- Section 2 also gives a solvent estate's personal representative authority to pay mortgage, tax, and urgent repair costs on the property and to place a special lien for unpaid amounts, enforced like a mechanic's lien.
- Section 2 lets an insolvent estate's representative sell property facing imminent foreclosure, condemnation, or destruction if no beneficiary has completed acceptance, applying proceeds to debts.
- Section 3 cuts the witnesses required to revoke a transfer-on-death deed from two to one, removes the attorney-in-fact's ability to sign a revocation, and treats a later sale or conveyance by the owner as an automatic revocation.
- Section 4 says a beneficiary takes ownership upon acceptance rather than at the owner's death, and splits a deceased beneficiary's lapsed share among surviving beneficiaries instead of sending it back to the estate.
- Section 4 also gives transfer-on-death deeds priority over the record owner's unsecured debts filed after death, unless the property is unredeemed.
- Section 5 amends Georgia's year's support law (O.C.G.A. § 53-3-5) so transfer-on-death deeds generally take precedence over a surviving spouse's or minor child's year's support claim.

## Status

- Status: Introduced (2025-04-02)
- Last action: House Committee Favorably Reported By Substitute (2026-03-04)
- Sponsors: David Jenkins, Josh Bonner, Rob Leverett, Beth Camp
- Official page: https://www.legis.ga.gov/legislation/71972

> The history, votes, and amendments (199 characters) are at https://georgiacommons.org/bills/2025-2026/hb899.md?full=1