Official Code of Georgia Annotated
Title 44. PROPERTY · Chapter 17. TRANSFER-ON-DEATH DEEDS
44-17-5. Grantee beneficiary rights; prior death of designated grantee beneficiary.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
A grantee beneficiary or the beneficiaries of a transfer-on-death deed shall take the interest in real estate of the record owner at the death of such record owner, 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 Code Section 44-17-2.#
- (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. 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.#
Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.
History
Code 1981, § 44-17-5, 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, page 67; merge action: added; file SHA-256 41d663706f28.