Not all deeds are the same.

The type of deed used to transfer real estate can affect ownership rights, title warranties, creditor issues, and what happens to the property after death.

Here are several common types of deeds used in Georgia.

General Warranty Deed

A General Warranty Deed generally provides the greatest level of title protection to the buyer.

The seller warrants title against claims arising both during the seller’s ownership and before the seller acquired the property, subject to any exceptions stated in the deed.

General Warranty Deeds are commonly used in traditional real estate sales when the seller is giving broad warranties concerning title.

Limited Warranty Deed

A Limited Warranty Deed provides more limited protection.

Instead of warranting title against claims arising throughout the property’s history, the seller generally warrants against title problems arising during the seller’s period of ownership.

These deeds are often used in commercial transactions and other situations where the seller does not want to provide the broader warranties contained in a General Warranty Deed.

Quitclaim Deed

A Quitclaim Deed transfers whatever interest the person signing the deed may have in the property without providing warranties of title.

The person receiving the property therefore receives the transferor’s interest, if any, without the title protections normally associated with a warranty deed.

Quitclaim Deeds are frequently used between family members, to resolve title issues, or when someone needs to release a possible interest in property.

Because a Quitclaim Deed provides no warranties, it should not automatically be viewed as interchangeable with other types of deeds.

Transfer on Death Deed

A Georgia Transfer on Death Deed allows a property owner to designate one or more beneficiaries to receive real estate after the owner’s death without giving those beneficiaries a present ownership interest during the owner’s lifetime.

These deeds are sometimes referred to as “Ladybird Deeds,” although Georgia’s statute formally calls them Transfer on Death Deeds.

The owner remains in control of the property while living.

The owner can generally continue to:

• Live in the property;

• Sell it;

• Mortgage or refinance it;

• Change the beneficiaries; or

• Revoke the Transfer on Death Deed.

The beneficiary does not become a present co-owner merely because he or she is named in the deed.

What Happens After the Owner Dies?

After the owner’s death, a beneficiary who wants to receive the property must complete Georgia’s statutory acceptance process.

That generally requires the beneficiary to execute and record the required affidavit and supporting documents in the real estate records of the county where the property is located.

Georgia substantially amended this acceptance process in 2026.

The exact requirements can depend on the date of death and the way the property is titled, so beneficiaries should follow the current statutory procedure rather than relying on older forms or general instructions.

Georgia Transfer on Death Deeds Changed in 2026

Georgia made several significant changes to its Transfer on Death Deed law in 2026.

Among other things, current law:

• Requires the property owner to have contractual capacity;

• Prohibits an attorney-in-fact from signing the Transfer on Death Deed for the owner;

• Allows alternate beneficiaries to be expressly designated;

• Allows the trustee of an existing express trust to be named as beneficiary;

• Clarifies the post-death acceptance process; and

• Provides that the real estate transfer tax declaration is not filed with the original Transfer on Death Deed but instead becomes part of the applicable post-death transfer process.

Because of these changes, older Georgia Transfer on Death Deed forms and instructions may no longer accurately describe current law.

Which Type of Deed Should I Use?

That depends on what you are trying to accomplish.

A deed used to sell property to a third party may need very different provisions from a deed transferring property between family members or a deed intended as part of an estate plan.

Using the wrong deed can unintentionally:

• Give away ownership rights;

• Eliminate title warranties;

• Create problems with creditors;

• Interfere with an estate plan; or

• Cause title problems when the property is later sold or inherited.

The deed should match both the transaction and the owner’s goals.

Fletcher Estate Planning Can Help

If you need to transfer Georgia real estate or want to use a Transfer on Death Deed as part of your estate plan, Fletcher Estate Planning can help determine the appropriate type of deed and prepare it correctly.

Georgia’s Transfer on Death Deed law changed substantially in 2026, so property owners should be cautious about relying on older online forms or instructions.

To learn more, call Fletcher Estate Planning at (478) PROTECT — (478) 776-8328.