Georgia made significant changes to its Transfer on Death Deed law in 2026.

If you already have a Georgia Transfer on Death Deed — sometimes called a “Ladybird Deed” — or are considering creating one, these changes are important.

The new law affects who can sign a Transfer on Death Deed, how beneficiaries can be designated, what happens when a beneficiary dies, how a deed can be revoked, and what beneficiaries must do after the property owner dies.

Here are some of the most important changes Georgia property owners should know.

What Is a Georgia Transfer on Death Deed?

A Transfer on Death Deed allows a Georgia property owner to designate one or more beneficiaries to receive an interest in real estate after the owner’s death.

During the owner’s lifetime, the beneficiary does not become a present owner.

The property owner generally remains free to:

• Live in the property;
• Sell the property;
• Mortgage or refinance the property;
• Change the beneficiaries; or
• Revoke the Transfer on Death Deed.

After the owner dies, the beneficiary completes Georgia’s statutory acceptance process to receive the property.

Georgia first authorized these deeds in 2024 and substantially amended the law in 2026.

1. The Property Owner Must Have Contractual Capacity

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

This makes timing important.

A Transfer on Death Deed is not something that can necessarily be created after an owner has become legally incapacitated.

Property owners who want to use a Transfer on Death Deed should consider doing so while they clearly have the required legal capacity.

2. A Power of Attorney Cannot Sign a Transfer on Death Deed

One of the most significant changes is that an attorney-in-fact acting under a Power of Attorney cannot execute a Transfer on Death Deed for the property owner.

The owner must personally execute the Transfer on Death Deed.

A Power of Attorney can still be extremely important for managing property if the owner later becomes incapacitated.

But an agent cannot use the Power of Attorney to create a Transfer on Death Deed for the owner.

This is another reason not to wait until incapacity to address real-estate estate planning.

3. Georgia Now Expressly Allows Alternate Beneficiaries

The 2026 law gives property owners more flexibility when choosing beneficiaries.

A Transfer on Death Deed may now expressly designate one or more alternate beneficiaries.

An alternate beneficiary can be designated to receive the property if a primary beneficiary:

• Dies before the property owner; or
• Survives the property owner but dies before accepting the property.

This allows the deed itself to contain a backup plan.

Example

Suppose Mary wants her home to pass to her daughter Susan.

Mary also wants Susan’s children to receive the home if Susan dies before Mary.

Mary’s Transfer on Death Deed can be drafted to name Susan as the primary beneficiary and identify appropriate alternate beneficiaries if Susan does not survive long enough to accept the property.

Without proper alternate-beneficiary planning, Georgia’s statutory default rules may produce a different result.

4. A Trustee of an Existing Trust Can Be a Beneficiary

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

This can be useful when the owner does not want the property to pass directly to an individual.

For example, a trust may be useful when:

• A beneficiary is a minor;
• A beneficiary should not receive the property outright;
• The owner wants property managed for several beneficiaries;
• The owner wants continuing instructions governing the property; or
• A trust is already part of the owner’s estate plan.

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

The trust must exist separately.

5. A PT-61 Is No Longer Filed With the Original Transfer on Death Deed

This is an important procedural change.

Under current Georgia law, a real estate transfer tax declaration — commonly called a PT-61 — is not filed with the original Transfer on Death Deed when the owner records it.

The PT-61 becomes relevant later as part of the beneficiary’s post-death acceptance process.

Property owners and attorneys using procedures developed under the earlier law should make sure their recording instructions have been updated.

6. Beneficiaries Must Complete a More Detailed Acceptance Process

The 2026 amendments clarify that a beneficiary does not simply become record owner because the property owner dies.

After death, the beneficiary must complete Georgia’s statutory acceptance process.

The beneficiary generally must execute and record an affidavit containing information required by law.

The affidavit includes information such as:

• Verification of the owner’s death;
• Whether the owner and beneficiary were married at the time of death;
• The deed book and page number where the Transfer on Death Deed was recorded; and
• The legal description of the property.

The required post-death documents also generally include the owner’s death certificate and applicable real estate transfer tax declaration.

7. Each Beneficiary Generally Accepts Separately

Georgia law now makes clear that each beneficiary generally accepts that beneficiary’s own interest.

One adult beneficiary ordinarily cannot simply sign an acceptance affidavit for all of the other beneficiaries.

For example, if a Transfer on Death Deed names three adult children as equal beneficiaries, each child who wants to receive an interest should generally complete the required acceptance for that child’s share.

There are special rules allowing legally authorized representatives, such as certain guardians or conservators, to act for minors or wards.

8. Transfer on Death Deed Beneficiaries Can Obtain the Death Certificate

The acceptance process requires documentation of the property owner’s death.

Georgia’s 2026 law helps address that practical issue by expressly recognizing a designated Transfer on Death Deed beneficiary as having a sufficient interest to obtain a certified copy of the owner’s death certificate.

That makes it easier for beneficiaries to obtain the document they need to complete the transfer.

9. The Rules Changed When a Beneficiary Dies Before the Owner

Georgia now provides more specific rules for what happens when one beneficiary dies before the property owner.

When there are multiple designated beneficiaries and one dies before the owner, the deceased beneficiary’s transfer generally lapses.

That lapsed share is generally divided evenly among the remaining designated beneficiaries who survive the owner rather than automatically reverting to the owner’s estate.

An alternate-beneficiary designation in the deed may also affect the outcome.

10. The Law Now Addresses a Beneficiary Who Dies After the Owner but Before Accepting

The 2026 amendments also address a situation that was previously less clear.

A beneficiary might survive the property owner but then die before completing the statutory acceptance process.

Under the new law, that beneficiary’s transfer generally lapses and is treated as revoked.

The lapsed share is generally divided among the remaining qualifying beneficiaries, subject to the deed’s beneficiary structure and any applicable alternate-beneficiary provisions.

This is one reason beneficiaries should not unnecessarily delay completing the acceptance process.

11. Special Rules Apply When the Sole Beneficiary Dies

If there is only one designated beneficiary and that beneficiary dies before accepting the property, Georgia law now provides that the transfer-on-death disposition is rendered revoked.

That does not necessarily mean that the deceased beneficiary’s heirs automatically receive the property.

The ultimate disposition may instead depend on the owner’s remaining estate plan and how title is held.

Naming an appropriate alternate beneficiary can help avoid this problem.

12. The Revocation Rules Changed

Georgia also modified how a Transfer on Death Deed can be revoked.

The property owner can still execute and record a formal revocation.

However, the statutory witnessing requirement for that revocation now requires the owner’s signature to be attested by the appropriate officer or notary and one additional witness.

Older revocation forms may contain different witness requirements.

13. A Power of Attorney Should Not Be Used to Sign the Statutory Revocation

The current statute should not be treated as permitting an attorney-in-fact to execute the owner’s statutory revocation.

Property owners who want to change or revoke a Transfer on Death Deed should address the issue personally while they retain the legal capacity to do so.

Older revocation instructions should be reviewed carefully before being reused.

14. Selling the Property Can Revoke the Transfer-on-Death Disposition

Georgia law now expressly addresses what happens when the owner disposes of the property during life.

If the owner subsequently sells or conveys the interest in real estate covered by the Transfer on Death Deed, the transfer-on-death disposition is rendered revoked as to that interest.

This reinforces an important feature of a Transfer on Death Deed:

The owner remains in control of the property while alive.

The beneficiary cannot prevent the owner from selling the property simply because the beneficiary is named in the deed.

15. Transferring the Property to Your Own Trust Can Also Revoke the TOD Disposition

The new law also addresses a conveyance by the owner to the trustee of the owner’s express trust.

That subsequent conveyance can render the prior transfer-on-death disposition revoked.

This is important when an estate plan changes from a Transfer on Death Deed strategy to a trust-based strategy.

The documents should be coordinated rather than assuming that both arrangements will continue operating independently.

16. The Estate May Pay Certain Property Expenses After Death

The 2026 amendments add significant provisions concerning the period between the owner’s death and the beneficiary’s acceptance of the property.

The personal representative of the deceased owner’s estate may, in appropriate circumstances, pay certain expenses involving the property, including:

• Mortgage obligations;
• Property taxes; and
• Certain emergency repairs necessary to prevent destruction of the property.

The statute also creates rules allowing the estate to obtain reimbursement and, in appropriate circumstances, a lien against the property.

These provisions make the post-death administration of TOD property more detailed than simply “file an affidavit and receive the house.”

17. The Personal Representative Has New Notice Responsibilities

The amended law also requires the personal representative of the deceased property owner’s estate to provide notice concerning the Transfer on Death Deed to designated beneficiaries under the applicable statutory procedure.

That creates an additional connection between the probate estate and property passing through a Transfer on Death Deed.

Although the property may avoid an ordinary probate conveyance, the existence of a TOD deed does not necessarily mean that the estate’s personal representative has no responsibilities concerning the property.

18. TOD Property Has Additional Protection From Unsecured Estate Debts

Georgia’s amended law also provides that a Transfer on Death Deed has priority over unsecured debts of the deceased owner’s estate, subject to the limitations contained in the statute.

That does not mean existing mortgages, security deeds, tax liens, or other secured interests disappear.

A beneficiary generally receives the property subject to applicable recorded interests affecting it.

But the new provision gives TOD property additional statutory treatment with respect to unsecured estate claims.

Does My Transfer on Death Deed From Before 2026 Still Work?

Do not assume that an older Transfer on Death Deed is invalid simply because Georgia changed the law.

The 2026 legislation includes provisions addressing existing deeds and transitional situations.

However, an older deed should be reviewed to determine whether:

• The beneficiary structure still accomplishes what you want;
• Alternate beneficiaries should now be added;
• A trust should be considered;
• Your old revocation instructions are outdated;
• Your beneficiary acceptance forms need to be replaced; or
• Your overall estate plan should be coordinated with the amended law.

In many cases, the supporting forms and instructions may require updating even when the recorded Transfer on Death Deed itself remains effective.

Should I Update My Georgia Transfer on Death Deed?

The answer depends on your existing deed and your goals.

You should consider reviewing your deed if:

• It was prepared before the 2026 law change;
• A beneficiary has died;
• You want to name alternate beneficiaries;
• You have created a trust;
• Your family circumstances have changed;
• Your beneficiaries have changed;
• You want a different distribution if a child predeceases you;
• You have sold or transferred the property; or
• Your estate plan has otherwise changed.

One of the advantages of a Transfer on Death Deed is flexibility.

While you retain the necessary capacity, you can review the plan and make changes when your circumstances change.

Fletcher Estate Planning Can Review Your Existing Transfer on Death Deed

Georgia’s Transfer on Death Deed law is more detailed today than when these deeds were first authorized.

Fletcher Estate Planning can review an existing Georgia Transfer on Death Deed to determine whether it still accomplishes your goals under current law.

We can also help with:

• New Transfer on Death Deeds;
• Replacement deeds;
• Primary and alternate beneficiary designations;
• Trust beneficiary planning;
• Revocations;
• Updated beneficiary acceptance affidavits and instructions; and
• Recording the necessary documents with the appropriate Clerk of Superior Court.

If your Transfer on Death Deed or beneficiary package was prepared before Georgia changed the law in 2026, now is a good time to make sure your documents and instructions are current.

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