Does My Transfer on Death Deed Beneficiary Have Rights to My Property During My Lifetime?
No.
A beneficiary named in a Georgia Transfer on Death Deed does not receive a present ownership interest in your property while you are alive.
You remain the owner of the property and retain control over it during your lifetime.
Georgia law specifically provides that the beneficiary’s signature, consent, agreement, or even notice is not required during the owner’s lifetime.
Can My Beneficiary Tell Me What I Can Do With the Property?
No.
Because your beneficiary does not own the property while you are alive, the beneficiary does not have the right to control how you use it.
You can generally continue to:
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Live in the property;
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Rent the property;
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Mortgage or refinance the property;
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Sell the property;
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Give away or otherwise convey the property;
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Change your beneficiaries; or
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Revoke the Transfer on Death Deed.
Your beneficiary does not have veto power over those decisions.
Does My Beneficiary Have to Agree Before I Sell the Property?
No.
A Transfer on Death Deed does not prevent you from selling your property.
You do not need the beneficiary’s signature or permission to sell or otherwise convey your interest.
Under Georgia law, if you later sell or convey the interest covered by the Transfer on Death Deed, the transfer-on-death disposition is rendered revoked as to that interest.
That means the Transfer on Death Deed does not tie up your property or prevent you from changing your plans.
Can My Beneficiary Live in the Property Because I Named Them in the Deed?
Not merely because they are named as a beneficiary.
Being listed in a Transfer on Death Deed does not create a present right to possess or occupy the property.
If your beneficiary lives in the property during your lifetime, that right would need to come from some separate arrangement, such as your permission, a lease, or another legal interest.
The Transfer on Death Deed itself does not give the beneficiary that right while you are alive.
Can My Beneficiary Borrow Against the Property?
No, not based on the Transfer on Death Deed alone.
Because the beneficiary does not own the property during your lifetime, the beneficiary cannot use the Transfer on Death Deed to mortgage the property or pledge it as collateral.
You remain the record owner.
Can My Beneficiary’s Creditors Put a Lien on My Property?
Generally, not merely because that person is named as your Transfer on Death Deed beneficiary.
The beneficiary does not own the property during your lifetime.
Georgia law also specifically provides that a nonconsensual lien against a beneficiary does not attach to the property until the beneficiary completes the required post-death acceptance process by recording the statutory affidavit and related documents.
This can be an important distinction between naming someone as a Transfer on Death Deed beneficiary and adding that person to your deed as a present co-owner.
Is a Transfer on Death Deed the Same as Adding Someone to My Deed Now?
No.
This is one of the biggest advantages of a Transfer on Death Deed.
If you add another person to a traditional deed during your lifetime, you may be giving that person a current ownership interest immediately.
That can create issues involving:
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The new co-owner’s creditors;
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Divorce;
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Bankruptcy;
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Lawsuits;
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The need for the co-owner’s signature to sell or refinance; and
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Loss of your exclusive control over the property.
A Transfer on Death Deed works differently.
The beneficiary designation is intended to determine who may receive the property after your death without making that person a present owner while you are alive.
When Does My Beneficiary Actually Receive Ownership?
Under Georgia’s current Transfer on Death Deed law, your death alone does not complete the transfer.
After your death, the beneficiary must complete the statutory acceptance process.
Ownership transfers to the beneficiary after both of the following occur:
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The beneficiary executes the affidavit required by Georgia law; and
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The beneficiary records that affidavit as required by law.
For deaths occurring on or after July 1, 2026, that recording package generally includes the beneficiary affidavit, the owner’s death certificate, the real estate transfer tax declaration form, and related documents.
The beneficiary therefore has no present ownership during your lifetime and must still take affirmative steps after your death to accept the property.
Does My Beneficiary Have to Know About the Deed?
No.
Georgia law does not require you to notify your beneficiary during your lifetime.
The beneficiary’s consent is also unnecessary.
That means you can create, change, or revoke the beneficiary designation without obtaining the beneficiary’s permission.
As a practical matter, however, it may be helpful for your beneficiary to know that the deed exists and to know where important estate-planning information can be found.
After your death, the beneficiary will need to locate the recorded deed and complete the acceptance process within the applicable statutory period.
Can I Change My Mind?
Yes.
A Transfer on Death Deed is revocable.
You can change your estate plan during your lifetime by properly revoking the designation or, depending on the circumstances, recording a new Transfer on Death Deed.
Georgia law also now allows owners to name alternate beneficiaries, which can provide a backup plan if a primary beneficiary dies before you or before completing the post-death acceptance process.
Does a Power of Attorney Have Control Over My Transfer on Death Deed?
Not in the same way you do.
Georgia law now specifically provides that an attorney-in-fact cannot execute a Transfer on Death Deed on behalf of the property owner.
The owner must personally execute the deed while having the legal capacity required to enter into a contract.
A Power of Attorney may still authorize an agent to handle many other matters involving your property, but it cannot be used to create a Transfer on Death Deed for you.
Why Is This Different From Giving the Property Away During My Lifetime?
A lifetime gift transfers ownership now.
A Transfer on Death Deed is designed to preserve your ownership and control while you are living while creating a method for transferring the property after your death.
That distinction can be extremely important.
If you give away an ownership interest during your lifetime, you may lose some control over the property.
With a properly prepared Transfer on Death Deed, you generally retain the flexibility to deal with the property as your circumstances change.
Fletcher Estate Planning Can Help You Protect Your Property and Your Family
A Transfer on Death Deed can be a useful way to keep control of your Georgia real estate during your lifetime while creating a plan for the property after your death.
But the deed must be prepared and recorded correctly, and Georgia substantially amended its Transfer on Death Deed law in 2026.
Fletcher Estate Planning can help you prepare, review, update, or revoke a Georgia Transfer on Death Deed based on your goals and the current title to your property.
To learn more, call Fletcher Estate Planning at (478) PROTECT — (478) 776-8328.
