(a)(1) An interest in real estate may be titled in a transfer-on-death form by recording a deed, signed by the record owner of the interest, designating a grantee beneficiary or beneficiaries of the interest.
(2) The record owner shall have the same legal capacity required to enter into a contract in order to execute a transfer-on-death deed.
(3) An attorney in fact shall not be authorized to execute a transfer-on-death deed on behalf of a record owner.
(4) A transfer-on-death deed need not be supported by consideration.
(5) In a transfer-on-death deed, the record owner shall be authorized but not restricted to:
(A) Designate one or more alternate grantee beneficiaries whose property interests are contingent upon a primary grantee beneficiary who either predeceases the record owner or dies during the acceptance period before accepting the property; and
(B) Convey a beneficiary interest to an express trust by naming the trustee as a designated grantee beneficiary.
(6) In a transfer-on-death deed, the record owner shall not be authorized to:
(A) Create or declare an express trust pursuant to Code Section 53-12-20; or
(B) Create a beneficial interest in real property pursuant to Article 8 of Chapter 12 of Title 53.
(7) A real estate transfer tax declaration form shall not be filed with a transfer-on-death deed filed by the record owner.
(b) The signature, consent, or agreement of or notice to a grantee beneficiary or beneficiaries of a transfer-on-death deed shall not be required for any purpose during the lifetime of the record owner.
(c)(1) A transfer-on-death deed shall transfer ownership of the record owner’s interest in real estate to each grantee beneficiary upon both of the following being complete after the death of the record owner:
(A) Execution of the affidavit required by subsection (d) of this Code section; and
(B) Recording such affidavit as required by subsection (e) of this Code section.
(2) An interest in real estate passing pursuant to a transfer-on-death deed may be accepted by each designated grantee beneficiary who is either a sui juris individual, a trustee, or any other legal entity over which such individual has proper authority. If a designated grantee beneficiary is a ward or minor, a legal guardian or legal conservator may accept such interest in real estate pursuant to a transfer-on-death deed on behalf of such ward or minor.
(3) A designated grantee beneficiary shall not accept such interest in real estate on behalf of another designated grantee beneficiary, except as provided for in paragraph (2) of this subsection.
(d) Each designated grantee beneficiary wishing to accept real estate pursuant to a transfer-on-death deed shall execute an affidavit affirming:
(1) Verification of the record owner’s death;
(2) Whether the record owner and the designated grantee beneficiary were married at the time of the record owner’s death;
(3) The deed book and page number of the recorded transfer-on-death deed; and
(4) A legal description of the real estate.
(e) The designated grantee beneficiary shall attach a copy of the record owner’s death certificate to the affidavit provided for in subsection (d) of this Code section. For a record owner’s death occurring on or after July 1, 2026, the designated grantee beneficiary shall record such affidavit, real estate transfer tax declaration form, and related documents with the office of the clerk of superior court of the county where the real estate is located.
(f) Notwithstanding the provisions of paragraph (1) of subsection (c) of this Code section to the contrary, a designated grantee beneficiary affidavit recorded pursuant to this Code section before July 1, 2026, in which one or more of the named designated grantee beneficiaries of a transfer-on-death deed explicitly accepts the interests being conveyed by such deed on behalf of all or some of the designated grantee beneficiaries named in the affidavit shall be effective to accept such interests if executed by at least one of the designated grantee beneficiaries accepting such interests.
(g)(1) The personal representative of the estate of a deceased record owner shall provide each designated grantee beneficiary with notice of the transfer-on-death deed in accordance with the same requirements and conditions as provided in Code Section 53-5-8.
(2)(A) The personal representative of the solvent estate of a deceased record owner shall be authorized to incur expenses for mortgage payments, property taxes, and any repairs that render the property in imminent danger of being destroyed if not completed as solely determined by the personal representative or the city or county code enforcement until the interest in such property is accepted by a designated grantee beneficiary or beneficiaries. The estate shall be entitled to repayment of such expenses incurred during such time and shall have a priority special lien against the property for any amount that is not repaid within one year after such acceptance. Such lien shall be inferior to any liens for property taxes or previously recorded security deeds.
(B) If the special lien has not been paid in full at the expiration of the one-year period, the estate shall have 30 days to file a claim of lien in the office of the clerk of superior court of the county where the property is located. The lien shall attach to the property for a period of 365 days from the recording date of the lien in the same manner as provided in Code Section 44-14-367.
(C) No later than two business days after the date the claim of lien is filed of record, the estate shall send a true and accurate copy of the claim of lien by registered mail, certified mail, or statutory overnight delivery to the owner of the property.
(D) The estate shall have the right to commence a foreclosure of the lien prior to its expiration in the same manner as the enforcement of mechanic’s liens pursuant to Code Section 44-14-361.
(3) In the event that a property which is part of an insolvent estate is subject to imminent danger of foreclosure, condemnation, or destruction, after receiving notice by a secured lender or government entity, the personal representative of such insolvent estate shall be authorized to record an affidavit of notice in the office of the clerk of superior court of the county where the property is located to which the notice of imminent foreclosure, condemnation, or destruction shall be attached. If no designated grantee beneficiary has completed the requirements of subsections (d) and (e) of this Code section, the estate’s personal representative shall have the right to sell the property and pay off all debts, and any remaining proceeds shall revert back to the estate.
(h) Each designated grantee beneficiary shall be deemed as having direct and tangible interest in real estate for the purpose of applying for the issuance of a certified copy of the certificate of death of such record owner pursuant to subparagraph (a)(1)(A) of Code Section 31-10-26.
