A Georgia transfer-on-death deed can allow a homeowner to designate who will receive certain real estate after the homeowner dies, potentially allowing the property to pass without going through the traditional probate process. Georgia first authorized transfer-on-death deeds in 2024, but significant changes took effect in April 2026. For Savannah homeowners who already have one of these deeds or are considering adding one to an estate plan, understanding the updated requirements is important.
What Is a Transfer-on-Death Deed in Georgia?
A transfer-on-death deed, sometimes called a TOD deed, allows a property owner to name one or more beneficiaries who may receive the owner’s interest in real estate after the owner’s death.
Unlike transferring the property to someone during your lifetime, a transfer-on-death deed generally allows you to remain the owner of the property while you are alive. The beneficiary does not need to sign or consent to the deed during your lifetime, and the owner generally remains free to sell or otherwise convey the property.
For some Savannah homeowners, this can provide another estate planning option for transferring a home or other Georgia real estate without placing the beneficiary on the current deed.
However, a transfer-on-death deed is not necessarily a substitute for a will, trust, or comprehensive estate plan. The best method of transferring property depends on the owner’s goals, family circumstances, debts, existing estate documents, and the way the property is titled.
What Changed With Georgia Transfer-on-Death Deeds in 2026?
Georgia lawmakers revised several important parts of the transfer-on-death deed statute through House Bill 413, which became Act 379 and took effect April 22, 2026. The legislation amended several sections of Georgia law governing the creation, acceptance, and revocation of these deeds.
Here are some of the changes Savannah property owners should understand.
The Property Owner Must Have the Required Legal Capacity
The revised law specifically provides that the record owner must have the legal capacity required to enter into a contract when executing a transfer-on-death deed.
It also states that an attorney-in-fact cannot execute the transfer-on-death deed on behalf of the record owner. In other words, someone acting under a power of attorney generally cannot simply create the deed for the homeowner.
This makes planning particularly important. Waiting until questions arise about an owner’s capacity can significantly limit the available estate planning options.
Homeowners Have More Flexibility When Naming Beneficiaries
The 2026 changes also provide more flexibility in determining who can ultimately receive the property.
Georgia law now expressly addresses alternative or contingent grantee beneficiaries. This can be useful when a homeowner wants to provide instructions for what should happen if the primary beneficiary cannot receive the property.
The revised law also permits an interest to pass to a trustee in certain circumstances, although a transfer-on-death deed cannot itself be used to create a trust or a new interest in real property.
These distinctions matter. Simply naming beneficiaries without considering what happens if someone dies first, becomes incapacitated, or cannot accept the property may create unintended consequences.
Beneficiaries Must Take Steps After the Owner Dies
A transfer-on-death deed does not mean a beneficiary can ignore the estate and assume everything is complete.
Under the updated law, ownership is tied to the beneficiary’s acceptance of the property. The beneficiary must execute the required affidavit and record it as required by Georgia law. Until the necessary acceptance steps are completed, the property remains part of the deceased owner’s estate for purposes addressed by the statute.
The 2026 amendments also address the responsibilities of the estate’s personal representative. Personal representatives must provide designated beneficiaries notice of the transfer-on-death deed, and the law addresses circumstances involving mortgage payments, property taxes, foreclosure risks, and other matters affecting the property.
For families handling an estate after a death, this is another reason it can help to have the deed and other estate planning documents reviewed together, rather than treating the TOD deed as an isolated document.
What Happens to Mortgages and Other Liens?
A transfer-on-death deed does not automatically wipe away existing financial obligations connected with the property.
Under the amended statute, a beneficiary generally takes the owner’s interest subject to recorded interests such as mortgages, liens, easements, leases, security interests, and certain other recorded obligations affecting the property.
That distinction can be particularly important when planning around a Savannah home that still has a mortgage or other recorded encumbrances.
The 2026 legislation also clarifies that a transfer-on-death deed has priority over unsecured debts of the deceased owner’s estate under circumstances established by the statute. The law also addresses how TOD deeds interact with Georgia’s year’s support provisions.
These rules can become complicated when an estate has significant debts, competing claims, or insufficient assets.
Can You Change or Revoke a Transfer-on-Death Deed?
Yes. One advantage of a transfer-on-death deed is that the owner generally retains control of the property during life.
Georgia law provides mechanisms for revoking a transfer-on-death designation or replacing it with a subsequent transfer-on-death deed. The 2026 amendments revised some of the procedures surrounding revocation as well.
A homeowner should not assume that changing a will automatically changes a recorded transfer-on-death deed. Because deeds are recorded real estate documents with their own statutory requirements, estate documents should be coordinated carefully.
For example, if your will says that your Savannah home goes to one person while a valid recorded transfer-on-death deed names someone else, relying on the will alone to correct the conflict may not accomplish what you intended.
Should You Review a Transfer-on-Death Deed Created Before 2026?
If you executed a Georgia transfer-on-death deed in 2024 or 2025, having it reviewed under the current law may be worthwhile.
Georgia’s TOD deed law is relatively new. The state first authorized the deeds effective July 1, 2024, and lawmakers made substantial revisions less than two years later.
A review can help determine whether:
- The deed was properly executed and recorded.
- The beneficiary designations still reflect your wishes.
- Contingent beneficiaries should be added.
- Your will, trust, and TOD deed work together.
- Changes in your family or property ownership affect the plan.
- A transfer-on-death deed remains the best estate planning tool for your circumstances.
The right answer will not be the same for every homeowner.
Is a Transfer-on-Death Deed Better Than a Trust or Will?
Not necessarily.
A transfer-on-death deed can be useful because it focuses specifically on real estate and may simplify the transfer of that property after death. But it does not address every part of an estate plan.
A will can address additional assets and estate administration issues. A trust may provide greater control over when and how assets are distributed and can be useful when planning for multiple properties, beneficiaries, minor children, blended families, or other circumstances. Trusts and wills serve different purposes in Georgia estate planning, and the right option depends on your goals, assets, and family circumstances.
The decision should be based on the homeowner’s entire estate, not simply on which document appears easiest to prepare.
Talk With a Savannah Estate Planning and Real Estate Attorney
Transfer-on-death deeds can offer Savannah homeowners another way to plan for the future of their real estate. Still, Georgia’s 2026 changes make proper drafting, recording, and coordination with the rest of an estate plan especially important. Tetreault Law assists clients with both estate planning and real estate matters, allowing property and estate considerations to be evaluated together. Contact Tetreault Law to discuss whether a transfer-on-death deed is appropriate for your property or to review an existing deed under Georgia’s updated law.
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