Georgia Transfer-on-Death Deeds: Important Changes to the Law in 2026

Georgia’s Transfer-on-Death Deed law is still relatively new, and the Georgia Legislature has already made significant changes to it.

Transfer-on-Death Deeds, commonly called TOD Deeds, became formally available in Georgia on July 1, 2024, under O.C.G.A. § 44-17-1 et seq. A TOD Deed allows a property owner to designate one or more beneficiaries to receive real estate after the owner’s death without transferring ownership during the owner’s lifetime.

In 2026, the Georgia General Assembly substantially revised these rules through House Bill 413 (Act 379). Governor Brian Kemp signed HB 413 on April 22, 2026, and the legislation became effective that same day. The changes amended several provisions of Georgia’s TOD Deed law, including O.C.G.A. §§ 44-17-2, 44-17-4, and 44-17-5. (⁠Georgia General Assembly)

The Nine-Month Rule Changed

Under the original 2024 law, when a property owner died on or after July 1, 2024, the beneficiary generally had nine months from the owner’s death to record the required beneficiary affidavit and related documents with the Clerk of Superior Court in the county where the property was located.

Failure to meet that deadline could cause the property to revert to the deceased owner’s estate, potentially requiring probate. (⁠Georgia Governor’s Office)

HB 413 changed the applicable date.

Under amended O.C.G.A. § 44-17-2, the nine-month recording requirement now applies when the record owner’s death occurs on or after July 1, 2026. The statute therefore creates different treatment for certain deaths occurring before July 1, 2026. The drafting of this provision has also generated questions regarding deaths occurring between April 22, 2026, when HB 413 became effective, and June 30, 2026. (⁠Georgia Governor’s Office)

Importantly, the nine-month deadline was not completely abolished. For deaths occurring on or after July 1, 2026, beneficiaries should continue to treat nine months as a firm statutory deadline.  The key is that the 2026 amendment changed which deaths are subject to the nine-month rule; it did not simply eliminate the rule.

Under the original version of O.C.G.A. § 44-17-2, the statute said that for a record owner’s death occurring on or after July 1, 2024, the beneficiary had to record the required affidavit and death certificate within nine months after the owner’s death.  HB 413 changed “2024” to “2026.” So the statute now provides, in substance:  For a record owner’s death occurring on or after July 1, 2026, the beneficiary must record the required documents within nine months of the owner’s death.

Our Recommendation: Do Not Wait Nine Months

Although Georgia law may give a beneficiary up to nine months in applicable cases, we recommend completing the transfer as soon as reasonably possible after the property owner’s death.

Waiting unnecessarily can create problems involving title, insurance, property taxes, mortgages, maintenance expenses, creditors, the administration of the deceased owner’s estate, and a future sale or refinancing of the property.

Once the death certificate is available, the beneficiary should promptly consult an attorney about preparing and recording the appropriate acceptance affidavit and related documents.  Nine months should be viewed as a deadline, not a recommended waiting period.

Beneficiaries Must Affirmatively Accept the Property

Another important clarification in the amended statute is that a TOD Deed should not be treated as though the beneficiary simply becomes the unquestioned record owner at the instant of death without further action.

Under amended O.C.G.A. § 44-17-2, a designated grantee beneficiary accepting the property must execute an affidavit containing the information required by statute. The amended law requires information including verification of the owner’s death, the beneficiary’s marital relationship to the owner, the deed book and page number of the recorded TOD Deed, and the legal description of the property. A copy of the owner’s death certificate must also be attached. (⁠Georgia Governor’s Office)

The 2026 legislation also addresses procedures governing acceptance by multiple beneficiaries and acceptance on behalf of minors or wards.

Beneficiaries Can Now Obtain the Death Certificate

One practical problem with the original law was that a TOD beneficiary might need a death certificate to complete the transfer but might not otherwise qualify to obtain one under Georgia’s vital-records laws.

HB 413 addressed this problem by expanding access to certified vital records to include beneficiaries designated under a Transfer-on-Death Deed. This should make it easier for a beneficiary to obtain the documentation necessary to complete the transfer. (⁠Georgia General Assembly)

Additional Changes to Georgia TOD Deeds

HB 413 made several other significant changes. Among them, the legislation:

* permits the designation of alternative or contingent beneficiaries;

* permits an interest to be transferred to a trust under appropriate circumstances;

* establishes additional procedures for acceptance of the property;

* clarifies procedures involving the deceased owner’s estate;

* revises the rules governing revocation of a TOD Deed;

* addresses the priority of a TOD transfer in relation to certain unsecured debts and year’s-support claims; and

* requires the owner executing the TOD Deed to have legal capacity to contract and prohibits an attorney-in-fact from executing the TOD Deed on the owner’s behalf.

These amendments are contained primarily in O.C.G.A. §§ 44-17-2, 44-17-4, and 44-17-5, as amended by 2026 Georgia Laws, Act 379 (HB 413). (⁠Georgia General Assembly)

A TOD Deed Still Requires Careful Planning

A Transfer-on-Death Deed can be a useful estate-planning tool, particularly when the objective is to transfer a specific piece of Georgia real estate outside of probate.

However, a TOD Deed is not necessarily the right solution for every family. Multiple beneficiaries, minor or special-needs beneficiaries, creditor concerns, blended families, mortgages, and complicated family relationships can make a Living Trust or another estate-planning strategy more appropriate.

The 2026 amendments also demonstrate why TOD Deeds should not be treated as simple “fill-in-the-blank” documents. Both the deed during the owner’s lifetime and the beneficiary’s actions following the owner’s death must comply with Georgia law.

Our Recommendation After the Owner’s Death

If you are the beneficiary of a Georgia Transfer-on-Death Deed, do not wait until the nine-month deadline approaches.

We recommend beginning the transfer process promptly after the owner’s death and recording the necessary documents as soon as the death certificate and other required information are available. Prompt action helps establish a clear chain of title and reduces the possibility of complications involving the estate, creditors, taxes, insurance, lenders, or a later sale of the property.

Georgia’s Transfer-on-Death Deed law can help families avoid probate for real estate, but only when the deed and the post-death transfer are handled correctly.

Reach out to Bowman Law Firm to talk through what you are seeing and what options may be available.