What Are the Requirements of a Georgia Transfer on Death Deed?

A Georgia Transfer on Death Deed, sometimes called a Ladybird Deed, allows a property owner to designate one or more beneficiaries to receive Georgia real estate after the owner’s death without transferring ownership during the owner’s lifetime.

But the deed must satisfy specific legal requirements.

Georgia amended its Transfer on Death Deed law in 2026, so forms and instructions prepared under the older law may no longer reflect all of the current requirements.

1. The Property Owner Must Sign the Deed

A Transfer on Death Deed must be signed by the record owner of the real estate.

The person signing the deed must actually own the interest in the property being transferred.

If a husband and wife both own the property, for example, the deed needs to be prepared based on how title is currently held and which owner or owners are making the transfer-on-death designation.

2. The Owner Must Have Legal Capacity

Georgia law now expressly provides that a property owner must have the same legal capacity required to enter into a contract in order to execute a Transfer on Death Deed.

This is important because a Transfer on Death Deed is an estate-planning document that must be signed while the owner still has the required legal capacity.

Waiting until an owner has lost legal capacity may be too late.

3. A Power of Attorney Cannot Sign the Transfer on Death Deed for the Owner

This is an important change under Georgia’s 2026 law.

An attorney-in-fact acting under a Power of Attorney cannot execute a Transfer on Death Deed on behalf of the property owner.

The property owner must personally execute the Transfer on Death Deed.

A Power of Attorney may give an agent authority to handle many other real-estate matters, but it cannot be used to have the agent create a Transfer on Death Deed for the owner.

4. The Deed Must Identify the Property

Like other Georgia deeds, a Transfer on Death Deed should contain a proper legal description of the real estate.

A street address by itself is generally not a substitute for the legal description used in the property’s land records.

The legal description should accurately identify the property being transferred.

Errors in the legal description can create serious title problems after the owner’s death.

5. The Deed Must Name One or More Beneficiaries

The Transfer on Death Deed must designate the person or persons who are to receive the property after the owner’s death.

Georgia law refers to these individuals or entities as “grantee beneficiaries.”

The owner can designate one beneficiary or multiple beneficiaries.

The deed should clearly identify each beneficiary and, when appropriate, specify the manner in which multiple beneficiaries are intended to own the property.

6. Georgia Law Now Allows Alternate Beneficiaries

Georgia’s 2026 amendments expressly allow a Transfer on Death Deed to name alternate beneficiaries.

An alternate beneficiary can be designated to receive the property if a primary beneficiary dies before the owner or dies during the statutory acceptance period before accepting the property.

This gives property owners an opportunity to build a backup plan directly into the deed.

For example, an owner might name an adult child as the primary beneficiary and that child’s children as alternate beneficiaries.

The exact wording matters because Georgia’s default rules may not always produce the same result the owner intended.

7. A Trustee Can Be Named as Beneficiary

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

This can be useful when the owner wants the property to pass into an existing trust rather than directly to an individual.

However, the Transfer on Death Deed itself cannot create the trust.

The trust must exist separately.

8. The Deed Must Be Properly Witnessed and Notarized

A Transfer on Death Deed must satisfy Georgia’s execution requirements for recordable deeds.

That generally means the owner’s signature must be properly attested by:

• A notary public or other authorized officer; and

• One additional witness.

The deed should be executed carefully because defects in witnessing or notarization can create problems with recording or title.

9. The Deed Must Be Recorded

Signing the Transfer on Death Deed is not enough.

The deed must be recorded in the real estate records of the Clerk of Superior Court in the Georgia county where the property is located.

A deed that is signed and then left in a desk drawer does not accomplish the statutory transfer-on-death designation.

Recording is a critical part of creating a valid Georgia Transfer on Death Deed.

10. A PT-61 Is Not Filed With the Transfer on Death Deed

Georgia changed this procedure in 2026.

A real estate transfer tax declaration, commonly referred to as a PT-61, is not filed with the original Transfer on Death Deed when the property owner records it.

That form instead becomes relevant later, as part of the beneficiary’s post-death acceptance process.

This distinction is important because older instructions may tell property owners to prepare or file a PT-61 at the time the Transfer on Death Deed is recorded.

That is no longer the procedure under current Georgia law.

What Is Not Required to Create a Transfer on Death Deed?

Several things that are normally associated with a traditional property transfer are not required.

No Payment or Consideration Is Required

The beneficiary does not have to pay the owner for the property.

Georgia law expressly provides that a Transfer on Death Deed does not have to be supported by consideration.

The Beneficiary Does Not Have to Sign

The beneficiary does not sign the Transfer on Death Deed merely because the beneficiary is named to receive the property.

The deed can be created without the beneficiary’s signature or agreement.

The Beneficiary Does Not Have to Consent

The beneficiary’s permission is not required.

During the owner’s lifetime, the owner remains in control of the property and the beneficiary does not acquire a present ownership interest merely because the beneficiary is named in the deed.

The Beneficiary Does Not Have to Be Notified

Georgia law does not require the owner to notify the beneficiary when the Transfer on Death Deed is created.

In many cases, however, telling your beneficiary that the deed exists and where important documents can be found may make the post-death process easier.

Does the Beneficiary Own Anything While I Am Alive?

No.

Naming someone as a beneficiary of a Transfer on Death Deed does not give that person a current ownership interest in your property.

You remain the owner during your lifetime.

You can generally continue to:

• Live in the property;

• Sell the property;

• Mortgage the property;

• Lease the property;

• Change your beneficiary designation; or

• Revoke the Transfer on Death Deed.

The beneficiary does not have the right to prevent you from exercising your ownership rights.

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.

The beneficiary generally must execute and record the required affidavit and supporting documents within the applicable statutory period.

That process is separate from the owner’s execution and recording of the Transfer on Death Deed.

Properly preparing the original deed therefore matters because the beneficiary will later rely on that recorded deed to establish the right to receive the property.

Why Proper Preparation Matters

A Transfer on Death Deed can look deceptively simple.

But errors involving ownership, legal descriptions, beneficiary designations, alternate beneficiaries, witnessing, recording, or existing liens and deeds can cause significant problems after the owner dies.

At that point, the owner is no longer available to correct the mistake or explain what was intended.

For an asset as important as a home or other real estate, getting the deed right at the beginning can prevent substantial expense and frustration for the family later.

Fletcher Estate Planning Can Prepare and Record Your Georgia Transfer on Death Deed

Fletcher Estate Planning prepares Georgia Transfer on Death Deeds based on the current ownership of your property and your estate-planning goals.

We can help you decide how to structure primary and alternate beneficiaries, review the property’s existing title, prepare the deed, and handle recording with the appropriate Clerk of Superior Court.

Because Georgia substantially amended its Transfer on Death Deed law in 2026, property owners should be cautious about relying on older forms or instructions found online.

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