Sometimes property is owned by multiple owners as “joint tenants with right of survivorship”. This means that, when one of the co-owners dies, their interest automatically passes to the other co-owner(s).

For example, if John and Sarah own property as joint tenants with right of survivorship, and then John passes away, Sarah automatically becomes the sole owner of the property without needing to take any action.

But what happens when the final co-owner dies? In this example, if John passes away, and then Sarah passes away, the property becomes part of Sarah’s estate. Typically, Sarah’s heirs or beneficiaries would be required to go to Probate Court to try to get the property transferred to them.

However, a Ladybird Deed / Transfer on Death Deed allows John & Sarah to convey the property to their beneficiaries through the Ladybird Deed, without the requirement of going through Probate Court.

The Georgia Legislature provided that the property will not actually be passed to the beneficiaries until all of the co-owners have passed way. In this example, when John dies, Sarah becomes the sole owner because of the “right of survivorship”. Then, when Sarah passes away, if she has conveyed a Ladybird Deed, then the grantee beneficiaries merely need to file the correct Affidavit within 9 months in order to become the sole owners.

When there is a “joint owner” (i.e. a person that owns an interest in real estate as a joint tenant with right of survivorship See O.C.G.A. 44-17-1(2). ), they are allowed to convey a Ladybird Deed. However, the title to the property will vest in their designated grantee beneficiary only if they are the last to die of all the record joint owners of the interest. See O.C.G.A. 44-17-6.