Can I revoke the grantee of a Georgia Transfer on Death Deed? (Ladybird Deed)

Ladybird Deed

Yes. A Georgia Transfer on Death Deed can be revoked during the property owner’s lifetime.

Georgia law gives the owner flexibility to change or cancel the transfer-on-death designation as long as the owner has the legal capacity to do so and follows the statutory requirements.

How Do I Revoke a Transfer on Death Deed?

A property owner can revoke a Transfer on Death Deed by signing and recording a proper revocation in the real estate records of the county where the property is located.

Under Georgia law, the revocation must be:

  • Signed by the property owner;

  • Attested by a notary public or other authorized officer;

  • Attested by one additional witness; and

  • Recorded before the property owner’s death.

The revocation is not effective merely because the owner signs it. It must be properly recorded.

Can My Power of Attorney Revoke My Transfer on Death Deed?

No.

Georgia law changed in 2026.

An attorney-in-fact acting under a Power of Attorney can no longer execute the revocation of a Transfer on Death Deed for the property owner.

The property owner must personally execute the revocation.

This is an important distinction because a Power of Attorney may still give an agent broad authority to manage, sell, or otherwise deal with real estate. But that does not mean the agent can sign a Transfer on Death Deed or a statutory revocation of one on the owner’s behalf.

Can I Change Beneficiaries Instead of Revoking the Deed?

Yes.

If you want to change who will receive the property rather than eliminate the Transfer on Death Deed altogether, you can generally execute and record a new Transfer on Death Deed naming the new beneficiaries.

Georgia law provides rules for determining which recorded Transfer on Death Deed controls when more than one deed has been recorded.

A new deed should be carefully prepared to make your intentions clear and avoid conflicting beneficiary designations.

Georgia law also now expressly permits Transfer on Death Deeds to name alternate beneficiaries. This can be useful when you want to designate a backup beneficiary in case your primary beneficiary dies before you or dies before completing the required acceptance process after your death.

Can a Transfer on Death Deed Be Revoked Without Signing a Separate Revocation?

Yes, in certain circumstances.

Georgia law now provides that a transfer-on-death disposition can also be revoked when the property owner later:

  • Sells or otherwise conveys the property interest covered by the Transfer on Death Deed;

  • Conveys the property to the trustee of the owner’s own express trust; or

  • Has only one designated beneficiary and that beneficiary dies before accepting the property.

These rules are important because a separately recorded revocation document is not the only event that can terminate the transfer-on-death disposition.

What Happens If I Sell the Property?

You remain the owner of the property during your lifetime.

A Transfer on Death Deed does not prevent you from selling, transferring, mortgaging, or otherwise dealing with your property.

If you later sell or convey the property covered by the Transfer on Death Deed, the transfer-on-death disposition is revoked as to the interest you conveyed.

Your beneficiary does not have the right to stop you from selling the property.

Does My Beneficiary Have to Agree to the Revocation?

No.

A beneficiary named in a Georgia Transfer on Death Deed has no present ownership interest in the property during the owner’s lifetime.

The beneficiary therefore does not have to consent to the revocation.

The owner may change or revoke the transfer-on-death designation without obtaining the beneficiary’s permission.

Should I Record a Revocation Even If I Plan to Sign a New Deed?

That depends on the circumstances.

Sometimes the cleanest approach is to record a formal revocation and then record a new Transfer on Death Deed. In other situations, a properly prepared later Transfer on Death Deed may accomplish the desired change.

The important point is that the recorded documents should clearly reflect the owner’s current estate-planning intentions.

Improperly prepared or conflicting deeds can create title problems after death, precisely when the owner is no longer available to explain what was intended.

Need to Change or Revoke Your Georgia Transfer on Death Deed?

Fletcher Estate Planning can prepare and record a proper revocation or replacement Transfer on Death Deed for Georgia property owners.

Because Georgia substantially amended its Transfer on Death Deed law in 2026, older forms and instructions found online may no longer comply with current Georgia law.

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

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