(Spoiler Alert: No cars)

A Georgia Transfer on Death Deed can be used to transfer an interest in real estate.

That means it can be a useful estate-planning tool for a home, land, rental property, or another ownership interest in Georgia real estate.

But it cannot be used to transfer every type of asset you own.

What Does “Interest in Real Estate” Mean?

Georgia’s Transfer on Death Deed statute applies to an ownership interest in real estate.

That can include interests associated with land, such as:

• A home;

• Vacant land;

• Rental property;

• Commercial real estate;

• Buildings and other structures attached to the land;

• Certain mineral interests;

• Easements; and

• Other legally recognized interests in real property.

The important question is whether the owner holds an interest in real estate that can legally be conveyed by deed.

Can I Use a Transfer on Death Deed for My Home?

Yes.

A home is probably the most common type of property for which a Georgia Transfer on Death Deed is used.

The owner can record the deed during life, remain in control of the home, and designate one or more beneficiaries to receive the property after death through Georgia’s statutory acceptance process.

Can I Use One for Vacant Land or Rental Property?

Yes.

A Transfer on Death Deed is not limited to your primary residence.

It can potentially be used for other Georgia real estate you own, including:

• Vacant land;

• Investment property;

• Rental homes;

• Second homes; and

• Certain commercial properties.

Whether it is the best estate-planning tool for a particular property depends on the ownership structure, mortgages, liens, beneficiaries, and the rest of your estate plan.

Can I Transfer Only Part of My Interest?

Potentially, yes.

The statute applies to an interest in real estate, rather than requiring that you own 100% of the property.

For example, you might own property with another person.

Whether and how your interest can pass through a Transfer on Death Deed depends on how the current deed is written.

Property owned as tenants in common works differently from property owned as joint tenants with right of survivorship.

If the property is jointly owned, the existing deed should be reviewed before preparing the Transfer on Death Deed.

What If I Own the Property as a Joint Tenant With Right of Survivorship?

Georgia law allows a record joint owner to place that owner’s interest in transfer-on-death form.

However, a Transfer on Death Deed does not sever the existing joint tenancy.

If the owner who signed the Transfer on Death Deed dies before another joint owner, the existing right of survivorship may operate first.

Generally, the Transfer on Death Deed beneficiary receives the interest only if the owner who made the designation is the last surviving record joint owner of that interest.

This is why the current ownership language in the existing deed matters.

Can I Use a Transfer on Death Deed for My Car?

No.

A motor vehicle is personal property, not real estate.

Georgia’s Transfer on Death Deed statute applies to real estate interests.

It cannot be used to transfer:

• Cars;

• Trucks;

• Boats;

• Furniture;

• Jewelry;

• Firearms;

• Household belongings; or

• Other personal property.

Those assets may need to be addressed through other estate-planning methods.

Can I Use a Transfer on Death Deed for My Bank Account?

No.

Bank accounts are not real estate.

Depending on the account and financial institution, you may be able to use a payable-on-death designation or another beneficiary arrangement.

Otherwise, the account may pass through a trust, a will and probate, joint ownership, or another estate-planning mechanism.

What About Investment or Retirement Accounts?

A Georgia Transfer on Death Deed does not control financial accounts such as:

• Brokerage accounts;

• IRAs;

• 401(k)s;

• Annuities; or

• Life insurance.

Those assets commonly have their own beneficiary-designation systems.

Your beneficiary designations should be coordinated with the rest of your estate plan.

Can I Transfer My Real Estate to a Trust at Death?

Yes, if structured properly.

Georgia’s 2026 amendments expressly allow a Transfer on Death Deed to name the trustee of an existing express trust as the designated beneficiary.

For example, instead of naming your children individually, the deed could potentially name the trustee of your existing trust to receive the property after your death.

That can be useful when you want the property managed according to the terms of a trust rather than transferred directly to an individual.

Can the Transfer on Death Deed Create the Trust?

No.

This is an important limitation under current Georgia law.

A Transfer on Death Deed can name the trustee of an existing express trust as beneficiary, but the deed itself cannot create or declare the trust.

The trust must be established separately.

So if you want your real estate to pass into a trust, the trust should be properly created as part of the estate plan and the Transfer on Death Deed should then identify the appropriate trustee as beneficiary.

What If My Property Is Owned by an LLC or Corporation?

A Transfer on Death Deed applies to the record owner’s interest in real estate.

If an LLC or corporation owns the real estate, then you personally do not own the real estate on the land records merely because you own the company.

Instead, you own an interest in the business entity.

That business interest is generally personal property, not the same thing as owning the underlying real estate individually.

If real estate is held inside an LLC or another entity, the estate-planning analysis is different and should focus on the ownership of the entity as well as the title to the real estate.

Can I Use a Transfer on Death Deed for Property Outside Georgia?

Georgia’s Transfer on Death Deed statute governs Georgia real estate.

Real estate is generally governed by the law of the state where the property is located.

If you own property in another state, that state’s law determines whether a Transfer on Death Deed or similar beneficiary deed is available and what requirements apply.

A Georgia Transfer on Death Deed should not be assumed to control real estate located outside Georgia.

Does the Beneficiary Receive the Property Free of Mortgages and Liens?

Not necessarily.

A Transfer on Death Deed changes who may receive the owner’s interest after death; it does not automatically erase existing interests affecting the property.

The beneficiary can take subject to recorded matters such as:

• Mortgages and security deeds;

• Liens;

• Easements;

• Leases;

• Options;

• Contracts; and

• Other recorded interests affecting the property.

The exact effect of those interests depends on the circumstances.

Georgia’s 2026 amendments do provide that a Transfer on Death Deed takes priority over unsecured debts of the owner’s estate, subject to the limitations in the statute.

What Happens If I Sell the Property Before I Die?

You remain in control of the property during your lifetime.

If you later sell or convey the real estate covered by the Transfer on Death Deed, Georgia law provides that the transfer-on-death disposition is revoked as to the interest conveyed.

That makes sense because you cannot transfer at death an interest you no longer own.

A Transfer on Death Deed Is Only One Part of an Estate Plan

A Transfer on Death Deed can be very useful for Georgia real estate, but it does not replace planning for everything else you own.

Most people also have other assets, such as:

• Bank accounts;

• Vehicles;

• Personal belongings;

• Retirement accounts;

• Business interests; and

• Investments.

Those assets may require a will, trust, beneficiary designation, joint ownership arrangement, or another estate-planning tool.

The goal is to coordinate the different methods so that all of your property goes where you intend.

Fletcher Estate Planning Can Help You Choose the Right Tool

Fletcher Estate Planning can help determine whether a Georgia Transfer on Death Deed is appropriate for your home, land, rental property, or other Georgia real estate.

We can also help coordinate the deed with your will, trust, Power of Attorney, beneficiary designations, and other estate-planning documents.

Georgia substantially amended its Transfer on Death Deed law in 2026, so current planning should be based on the amended statute rather than older forms or instructions.

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