What happens depends on when the beneficiary dies, whether you named more than one beneficiary, and whether your Transfer on Death Deed names an alternate beneficiary.

Georgia changed these rules in 2026, so older explanations of what happens when a beneficiary dies may no longer be accurate.

What If My Beneficiary Dies Before I Do?

If one of your designated beneficiaries dies before you, that beneficiary’s transfer generally lapses and is treated as revoked.

If you named other beneficiaries who are still living when you die, the deceased beneficiary’s share is generally divided evenly among the remaining designated beneficiaries.

For example, suppose Susan signs a Transfer on Death Deed naming Jack and Jill as beneficiaries.

If Jack dies before Susan, but Jill survives Susan, Jack’s interest generally lapses and Jill may receive the entire property after properly completing the statutory acceptance process.

The deceased beneficiary’s share does not simply pass to that beneficiary’s estate.

What If I Have Only One Beneficiary and That Beneficiary Dies Before Me?

This situation is different.

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

That means you should not assume that the deceased beneficiary’s children or heirs will automatically take that beneficiary’s place.

If your sole beneficiary dies while you are still living, it is important to review your estate plan and consider recording a new Transfer on Death Deed naming a new beneficiary.

Can I Name a Backup Beneficiary?

Yes.

One of the important changes Georgia made in 2026 is that a Transfer on Death Deed may now expressly name 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 during the acceptance period before accepting the property.

This allows you to build a backup plan directly into the Transfer on Death Deed.

For example, your deed might name your daughter as the primary beneficiary and your grandchildren as alternate beneficiaries if your daughter dies before you or before completing the acceptance process.

The deed should be carefully drafted so the primary and alternate beneficiary designations are clear.

What If My Beneficiary Dies After I Die but Before Accepting the Property?

Georgia’s 2026 amendments specifically address this situation.

Suppose you name several beneficiaries. One of them survives you but dies before completing the statutory acceptance process.

That deceased beneficiary’s transfer generally lapses and is treated as revoked.

The lapsed interest is then generally divided evenly among the remaining designated beneficiaries who were living at the time of your death.

An expressly designated alternate beneficiary may also affect the result.

This is one reason the timing of the beneficiary’s acceptance matters.

A beneficiary does not simply receive unrestricted title the moment the property owner dies. The beneficiary must complete Georgia’s statutory acceptance process.

Example: Three Beneficiaries

Assume Susan records a Transfer on Death Deed naming her three children:

Jack, Jill, and James.

Each is intended to receive one-third of the property.

If Jack dies before Susan and Jill and James survive Susan, Jack’s one-third interest generally lapses.

Instead of Jack’s one-third passing into Jack’s estate, the lapsed interest is divided among the remaining beneficiaries.

Jill and James would therefore generally each receive one-half of the property, assuming they properly complete the acceptance process.

Do My Beneficiary’s Children Automatically Take the Beneficiary’s Share?

Not necessarily.

Simply because a beneficiary has children does not mean those children automatically inherit the beneficiary’s interest under your Transfer on Death Deed.

The result depends on how the deed is drafted and which beneficiaries or alternate beneficiaries are expressly designated.

If you want a deceased child’s share to pass to that child’s children, you should not assume Georgia’s default rules will produce that result.

Your Transfer on Death Deed should be drafted to accomplish that goal.

What If My Beneficiaries Are Named as Joint Tenants With Right of Survivorship?

Georgia law contains a special rule for beneficiaries who are designated in the deed as joint tenants with right of survivorship.

If one or more of those beneficiaries dies before the property owner, that death does not invalidate an otherwise properly created joint tenancy as to the beneficiaries who survive the property owner.

The wording of the deed therefore matters.

Naming several beneficiaries individually is not necessarily the same as expressly creating a joint tenancy with right of survivorship.

Should I Change My Deed If a Beneficiary Dies?

Usually, it is a good idea to review the deed.

Even when Georgia law provides a default result, relying on the statutory default may not produce exactly what you want.

For example, you may want:

• A deceased child’s children to receive that child’s share;

• One particular person to serve as the alternate beneficiary;

• The surviving beneficiaries to receive the deceased beneficiary’s share in different percentages;

• A trust to receive the property; or

• An entirely different beneficiary structure.

Georgia law now gives property owners more flexibility to address these possibilities in the Transfer on Death Deed itself.

Can I Name a Trust as the Backup Beneficiary?

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

That can provide additional planning flexibility, particularly when the intended beneficiaries are minors, have special circumstances, or when the owner wants the property administered under trust terms after death.

The Transfer on Death Deed cannot itself create the trust. The trust must already exist as a separate estate-planning arrangement.

The Best Time to Address a Deceased Beneficiary Is While You Are Alive

A Transfer on Death Deed is designed to simplify the transfer of real estate after death.

But beneficiary deaths can complicate that plan if the deed does not anticipate them.

Georgia’s 2026 law makes it possible to name alternate beneficiaries and gives clearer rules for what happens when a beneficiary dies before the owner or during the post-death acceptance period.

If one of your beneficiaries dies, reviewing and updating your deed while you still have the ability to do so is usually much simpler than leaving the issue to be resolved after your death.

Fletcher Estate Planning Can Help You Update Your Transfer on Death Deed

Fletcher Estate Planning can help Georgia property owners create, review, replace, or update a Transfer on Death Deed.

We can also help structure primary and alternate beneficiary designations so the deed reflects what you actually want to happen if one of your beneficiaries dies.

Because Georgia substantially amended its Transfer on Death Deed laws in 2026, older forms and online explanations may not reflect current Georgia law.

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