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Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 17. TRANSFER-ON-DEATH DEEDS

44-17-4. Revocation or amendment.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (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 or such record owner’s duly authorized attorney-in-fact, and such signature shall be attested by an officer as provided in Code Section 44-2-15 and attested by two other witnesses. Such revocation may be included in another deed or other instrument of conveyance that is recorded. The signature, consent, or agreement of or notice to the designated grantee beneficiary or beneficiaries to the revocation shall not be required.#

  2. (b)

    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 accordance with this chapter may change 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 a subsequent transfer-on-death deed in accordance with this chapter. The signature, consent, or agreement of or notice to the designated grantee beneficiary or beneficiaries shall not be required. A subsequent transfer-on-death beneficiary designation revokes all prior designations of grantee beneficiary or beneficiaries by the record owner for the interest in real estate.#

  3. (c)

    A transfer-on-death deed executed, acknowledged, and recorded in accordance with this chapter may not be revoked by the provisions of a will.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 44-17-4, 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 66 to 67; merge action: added; file SHA-256 41d663706f28.