A Transfer on Death Deed can look simple.

But a small mistake in the deed can create a major title problem after the property owner dies — at exactly the time when the owner is no longer available to correct the document or explain what was intended.

Georgia also substantially changed its Transfer on Death Deed law in 2026. That means older forms, instructions, and online templates may no longer comply with current law.

Here are some of the most common mistakes to avoid.

1. Using an Incorrect Legal Description

A Transfer on Death Deed needs to correctly identify the real estate being transferred.

A street address alone is generally not the same thing as a legal description.

The deed should use an accurate legal description that matches the property shown in the land records.

Errors such as omitted lots, incorrect land lots, missing exhibit pages, transcription mistakes, or descriptions copied from the wrong deed can create serious title problems.

Before preparing a Transfer on Death Deed, the existing deed should be reviewed and the legal description verified.

2. Failing to Determine How the Property Is Currently Owned

Before preparing any new deed, you need to know who actually owns the property and how title is held.

Property may be owned:

• By one person individually;

• By spouses;

• As tenants in common;

• As joint tenants with right of survivorship;

• Through a trust;

• Through an LLC or other entity; or

• Under another ownership arrangement.

Those distinctions matter.

For example, Georgia law provides that a Transfer on Death Deed does not sever an existing joint tenancy. A beneficiary generally takes under the TOD deed only if the owner who created the designation is the last surviving record joint owner of that interest.

Preparing a deed without first understanding the existing title can produce a result very different from what the owner intended.

3. Using an Old Transfer on Death Deed Form

Georgia changed its Transfer on Death Deed statute in 2026.

An older form may not account for current law concerning:

• The owner’s legal capacity;

• Execution by a Power of Attorney;

• Alternate beneficiaries;

• Trust beneficiaries;

• Post-death acceptance;

• Revocation; and

• Transfer-tax declaration requirements.

A form that was accurate under Georgia law in 2024 or 2025 should not automatically be assumed to be accurate today.

4. Having a Power of Attorney Sign the Deed

Under current Georgia law, an attorney-in-fact cannot execute a Transfer on Death Deed for the property owner.

The owner must personally execute the Transfer on Death Deed.

Georgia law also now expressly requires the owner to have the legal capacity required to enter into a contract.

This can create a serious estate-planning problem if someone waits until incapacity before trying to create the deed.

A broad Power of Attorney does not solve that problem.

5. Using a Power of Attorney to Revoke the Deed

The same caution applies to revocation.

Under Georgia’s 2026 amendments, an attorney-in-fact cannot execute the statutory revocation of a Transfer on Death Deed for the owner.

The owner must personally execute the revocation in compliance with Georgia law.

Older forms or instructions stating that a POA agent may revoke the deed should be updated.

6. Using the Wrong Witnessing Requirements

Georgia deeds must satisfy the applicable execution and recording requirements.

A Transfer on Death Deed generally needs the owner’s signature to be properly attested by:

• A notary public or other authorized officer; and

• One additional witness.

The same current witness structure applies to the statutory revocation.

Using an outdated revocation form requiring two additional witnesses — or using a deed that was not properly attested — can create unnecessary recording and title issues.

7. Failing to Record the Deed

Signing a Transfer on Death Deed is not enough.

The deed must be recorded in the appropriate Georgia land records.

Leaving a signed deed in a desk drawer, safe, or estate-planning binder does not create the statutory transfer-on-death designation.

Recording is an essential part of the process.

8. Filing a PT-61 With the Original Transfer on Death Deed

This is another procedure that changed in 2026.

Current Georgia law specifically provides that a real estate transfer tax declaration form should not be filed with the original Transfer on Death Deed recorded by the owner.

The transfer-tax declaration instead becomes part of the applicable beneficiary acceptance process after the owner’s death.

Older instructions that tell the owner to file a PT-61 with the original TOD deed should no longer be followed.

9. Naming Beneficiaries Without Planning for What Happens If One Dies

A deed may work perfectly when everyone survives in the order expected.

Estate plans often become complicated when they do not.

Georgia law now expressly permits a Transfer on Death Deed to name alternate beneficiaries.

That means the owner can plan for what happens if a primary beneficiary:

• Dies before the owner; or

• Survives the owner but dies before accepting the property.

Simply naming one beneficiary without considering a backup may result in a very different outcome if that person dies.

10. Assuming a Deceased Beneficiary’s Children Automatically Take the Share

They may not.

If you want a deceased child’s share to pass to that child’s descendants, the deed should be drafted to accomplish that goal.

Georgia law has default rules governing what happens when a beneficiary dies, but the statutory default may not match your estate-planning intent.

This is precisely where alternate-beneficiary drafting can be useful.

11. Failing to Consider Whether a Trust Should Be the Beneficiary

Georgia law now expressly allows the trustee of an existing express trust to be named as the beneficiary of a Transfer on Death Deed.

That can be useful when property should be managed under trust terms rather than transferred directly to an individual.

But the TOD deed itself cannot create the trust.

If a trust is part of the plan, it should be properly established separately, and the beneficiary designation should correctly identify the trustee.

12. Assuming the Beneficiary Automatically Owns the Property at Death

Under current Georgia law, death alone does not complete the process.

After the owner dies, each beneficiary wishing to receive the property generally must complete Georgia’s statutory acceptance procedure.

That includes executing and recording the required affidavit and related documents.

A beneficiary should not simply assume that the recorded Transfer on Death Deed automatically makes the beneficiary the record owner at the moment of death.

13. Preparing the Beneficiary Affidavit Incorrectly

Georgia’s 2026 amendments added additional requirements to the post-death affidavit.

Among other things, the affidavit now identifies the deed book and page number where the Transfer on Death Deed was recorded.

The beneficiary’s recording package also includes the applicable death certificate, transfer-tax declaration, and related documents.

Each beneficiary generally accepts that beneficiary’s own interest.

Using an older acceptance form can therefore create problems even if the original Transfer on Death Deed itself was valid.

14. Assuming One Beneficiary Can Accept for Everyone

Generally, one beneficiary cannot accept another adult beneficiary’s interest.

Each designated beneficiary wishing to receive an interest generally completes that beneficiary’s own acceptance.

Georgia law provides exceptions for certain legally authorized representatives, such as guardians or conservators acting for minors or wards.

This is particularly important when a deed names several beneficiaries.

15. Forgetting That a Later Sale Can Revoke the Transfer

A Transfer on Death Deed does not freeze the property.

The owner remains free to sell or convey the property during life.

Under current Georgia law, a later sale or conveyance of the interest covered by the Transfer on Death Deed can render the transfer-on-death disposition revoked as to that interest.

That is generally desirable — the owner keeps control — but it also means the estate plan should be reviewed after major changes involving the property.

16. Assuming a Will Can Fix a Bad Beneficiary Designation

A will does not substitute for properly updating the Transfer on Death Deed.

Georgia law provides that a Transfer on Death Deed cannot be revoked through a will.

If your TOD deed names one beneficiary but your later will says someone else should receive the property, you may have created conflicting estate-planning documents rather than fixing the deed.

When your estate plan changes, the deed itself should be reviewed.

17. Ignoring Mortgages, Liens, Easements, and Other Title Issues

A Transfer on Death Deed does not wipe the title clean.

A beneficiary can receive the property subject to existing recorded matters such as:

• Mortgages and security deeds;

• Liens;

• Easements;

• Leases;

• Options;

• Contracts; and

• Other interests affecting title.

A deed should therefore be prepared with an understanding of the existing land records.

18. Treating a Transfer on Death Deed as a Complete Estate Plan

A Transfer on Death Deed addresses an interest in Georgia real estate.

It does not automatically control:

• Bank accounts;

• Retirement accounts;

• Vehicles;

• Business interests;

• Personal belongings; or

• Other assets.

Those assets may need wills, trusts, beneficiary designations, or other estate-planning tools.

The TOD deed should work with the rest of the estate plan rather than operate in isolation.

19. Relying on a Generic DIY Template

A generic deed form cannot review your current title, determine how your property is owned, check your legal description, understand your beneficiary goals, or coordinate the deed with your other estate-planning documents.

It also may have been written before Georgia changed its law in 2026.

A mistake involving real estate may remain hidden for years and only become apparent after the owner dies.

At that point, correcting it can be significantly more difficult and expensive.

Fletcher Estate Planning Can Help You Get the Deed Right

A Transfer on Death Deed can be an effective way to transfer Georgia real estate without giving up control during your lifetime.

But the deed needs to be prepared for your actual property, your current ownership, and your intended beneficiaries.

Fletcher Estate Planning reviews the property records, prepares the Transfer on Death Deed, helps with proper execution, and handles recording.

We can also prepare current beneficiary-acceptance and revocation materials so your family is not left trying to use outdated forms after your death.

Georgia substantially amended its Transfer on Death Deed law in 2026. If you already have an older deed or downloaded form, it may be worth having it reviewed under the current statute.

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