Many Georgia properties are owned by two or more people as joint tenants with right of survivorship.
That form of ownership can affect how a Transfer on Death Deed works.
The good news is that Georgia law expressly allows a joint owner to use a Transfer on Death Deed. But the beneficiary generally does not receive the property until the owner who made the Transfer on Death Deed is the last surviving joint owner.
What Does “Joint Tenants With Right of Survivorship” Mean?
When property is owned as joint tenants with right of survivorship, the surviving joint owner or owners generally receive the deceased owner’s interest automatically.
For example, suppose John and Sarah own their home as joint tenants with right of survivorship.
If John dies first, Sarah becomes the surviving owner of the property because of the right of survivorship.
John’s interest does not pass to John’s heirs merely because John died.
Can a Joint Owner Sign a Transfer on Death Deed?
Yes.
Georgia law specifically allows a record joint owner to place that owner’s interest in transfer-on-death form.
However, the Transfer on Death Deed does not sever the joint tenancy.
That means the existing right of survivorship between the owners remains in place.
What Happens If the Owner Who Signed the Transfer on Death Deed Dies First?
The surviving joint owner generally takes priority under the existing joint tenancy.
For example, suppose John and Sarah own their home as joint tenants with right of survivorship, and John records a Transfer on Death Deed naming his daughter as beneficiary.
If John dies before Sarah, John’s daughter does not immediately receive John’s former share.
Instead, Sarah continues as the surviving owner under the right of survivorship.
Georgia law provides that the beneficiary receives the interest only if the owner who created the Transfer on Death Deed is the last to die of all the record joint owners of that interest.
What If the Owner Who Signed the Transfer on Death Deed Is the Last Joint Owner to Die?
That is when the Transfer on Death Deed can become effective.
Suppose John and Sarah own the property as joint tenants with right of survivorship.
Sarah dies first.
John then becomes the surviving owner.
If John previously recorded a valid Transfer on Death Deed and later dies as the last surviving joint owner, his designated beneficiary may then complete Georgia’s statutory acceptance process to receive the property.
The beneficiary does not simply become the record owner automatically upon John’s death.
The beneficiary must complete the post-death requirements established by Georgia law.
What Does the Beneficiary Have to Do After the Last Joint Owner Dies?
Under Georgia’s current Transfer on Death Deed law, the beneficiary must complete the statutory acceptance process.
That generally requires the beneficiary to:
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Execute the required beneficiary affidavit;
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Identify the recorded Transfer on Death Deed;
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Include the required legal description;
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Provide the required death certificate;
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Complete the applicable real estate transfer tax declaration; and
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Record the required documents in the real estate records of the county where the property is located.
Each beneficiary generally accepts that beneficiary’s own interest.
The precise deadline and transitional rules can depend on the date of death, so beneficiaries should use current Georgia forms and instructions rather than relying on older materials.
Does the Transfer on Death Deed Change the Joint Tenancy While We Are Alive?
No.
Georgia law expressly states that a Transfer on Death Deed does not sever a joint tenancy.
That is important.
Creating the Transfer on Death Deed does not convert the property into tenants in common and does not eliminate the existing survivorship rights of the other joint owners.
The joint tenancy continues to operate according to its existing terms.
Example: Husband and Wife Own Their Home Jointly
Suppose Tom and Susan own their Georgia home as joint tenants with right of survivorship.
Tom records a Transfer on Death Deed naming their children as beneficiaries.
If Tom Dies First
Susan remains the owner under the right of survivorship.
The children do not receive Tom’s former interest merely because Tom died.
If Susan Dies First
Tom becomes the surviving owner.
If Tom later dies while the Transfer on Death Deed is still valid, the children may complete the statutory acceptance process and receive the property under the deed.
The important question is whether Tom — the owner who created the Transfer on Death Deed — was the last surviving record joint owner.
What If Both Joint Owners Want the Same Beneficiaries?
Careful drafting becomes particularly important when multiple joint owners want to coordinate an estate plan.
The existing title, survivorship language, who signs the Transfer on Death Deed, and the order in which the owners die can all affect the result.
It is dangerous to assume that simply naming the same children somewhere on a deed will automatically produce the intended outcome.
The Transfer on Death Deed should be prepared based on the exact manner in which the property is currently titled.
What If the Joint Owners Want Different Beneficiaries?
That requires even more careful planning.
Because the existing joint tenancy has survivorship rights, a joint owner who dies before another joint owner may never have an interest remaining to pass under that owner’s Transfer on Death Deed.
For example, if John wants his children to receive his interest but Sarah survives him as a joint tenant with right of survivorship, Sarah’s survivorship rights generally operate first.
John’s intended beneficiaries do not simply receive his former share after his death.
This is why the current deed and the owners’ overall estate-planning goals should be reviewed together.
Is This Different From Naming Beneficiaries as Joint Tenants?
Yes.
There are two separate concepts that can easily be confused.
First, the current owners may own the property as joint tenants with right of survivorship.
Second, a Transfer on Death Deed may designate multiple beneficiaries and may specify that those beneficiaries are to own the property as joint tenants with right of survivorship after the transfer.
Those are different legal relationships.
Georgia law also contains special rules concerning what happens when one of several designated beneficiaries dies before the property owner or before completing the statutory acceptance process.
Can a Transfer on Death Deed Help Avoid Probate for Jointly Owned Property?
Yes, when properly structured.
The existing right of survivorship may already allow the property to pass from the first deceased joint owner to the surviving joint owner without a probate conveyance.
A Transfer on Death Deed can then provide a method for transferring the property after the death of the final qualifying joint owner.
This can create a useful two-step plan:
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The surviving joint owner receives the property through the existing right of survivorship; and
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After the last qualifying joint owner dies, the Transfer on Death Deed beneficiary completes the statutory acceptance process.
That can help keep the real estate from having to be transferred through the ordinary probate process.
Why the Existing Deed Matters
Before preparing a Transfer on Death Deed, it is important to determine exactly how the property is currently titled.
Small differences in deed language can create very different results.
Property may be owned:
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Individually;
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As tenants in common;
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As joint tenants with right of survivorship;
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By spouses;
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Through a trust; or
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Through another ownership arrangement.
The Transfer on Death Deed should be drafted based on the actual title rather than assumptions about how the property is owned.
Fletcher Estate Planning Can Review Your Current Deed
If your Georgia property is jointly owned, Fletcher Estate Planning can review the current deed and determine how a Transfer on Death Deed would interact with the existing ownership.
We can help structure the deed so that the survivorship rights of the current owners and the intended beneficiary designations work together.
Georgia substantially amended its Transfer on Death Deed law in 2026, so owners and beneficiaries should use current forms and current instructions.
To learn more, call Fletcher Estate Planning at (478) PROTECT — (478) 776-8328.
