Official Code of Georgia Annotated
Title 44. PROPERTY · Chapter 17. TRANSFER-ON-DEATH DEEDS
44-17-3. Form.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
An interest in real estate may be titled in a transfer-on-death form by executing, attesting, and recording in the office of the clerk of superior court of the county where the real estate is located, prior to the death of the record owner, a deed in substantially the following form:
“AFTER RECORDING, PLEASE RETURN TO: (Name) (Address) STATE OF
COUNTY OF
TRANSFER-ON-DEATH DEED UNDER O.C.G.A. § 44-17-3
THIS INDENTURE is made the day of , 20 , between (name of record owner), a resident of (hereinafter called ‘Grantor’), and , a resident of (hereinafter called ‘Grantee’).
W I T N E S S E T H:
Grantor, being of competent mind and having the legal capacity to execute this document, as record owner, does hereby grant, bargain, sell, transfer, alien, convey, and confirm on death to Grantee, as beneficiary, the following described interest in real estate:
(insert description of the interest in real estate).
TO HAVE AND TO HOLD the said described property, with all and singular the rights, members and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only proper use, benefit and behoof of the said Grantee forever in FEE SIMPLE, but subject to the following limitations: THIS TRANSFER-ON-DEATH DEED IS REVOCABLE. IT DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE GRANTOR. IT REVOKES ALL PRIOR BENEFICIARY DESIGNATIONS BY THIS GRANTOR FOR THIS INTEREST IN REAL ESTATE. THE GRANTOR HAS THE RIGHT TO WITHDRAW OR RESCIND THIS DEED AT ANY TIME. ANY BENEFICIARY NAMED IN THIS DEED IS HEREBY ADVISED THAT THIS DEED MAY BE WITHDRAWN OR RESCINDED WHETHER OR NOT MONEY OR ANY OTHER CONSIDERATION WAS PAID OR GIVEN.
Grantor will warrant and forever defend the right and title to the said described property unto the said Grantee against the claims of all persons claiming by, under or through Grantor, subject to the restrictions and limitations set forth in this instrument.
IN WITNESS WHEREOF, the Grantor(s) declare(s) that this deed is a revocable transfer-on-death deed of the real property described herein and has(ve) signed and sealed this deed, the day and year above written.
(SEAL)
(Signature of Grantor)
(SEAL)
(Signature of Grantor)
Signed, sealed, declared and
delivered in the presence of:
Unofficial Witness
Notary Public
My Commission Expires:
(SEAL)”
Reading note: the printed indentation of one or more subsections was ambiguous, so their nesting is the extractor's best reading. The official page linked below settles any doubt.
History
Code 1981, § 44-17-3, enacted by Ga. L. 2024, p. 446, § 3/SB 420, effective July 1, 2024.
Law reviews
For article on the 2024 enactment of this Code section, see 41 Ga. L. Rev. 229 (2024).
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t44-ch8-17-(v32)-pdf.pdf, Volume V32, 2022 edition, 2025 supplement, pages 64 to 66; merge action: added; file SHA-256 41d663706f28.