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Transfer On Death Deeds In Georgia: 1 Crucial Note

Transfer On Death Deeds In Georgia - TOD Deed Georgia

How can you use transfer on death deeds in Georgia to: 

  • avoid the probate process
  • avoid creditors taking your house
  • make sure your family immediately inherits the house

This article walks you through all of this.

Get Your Free Probate Petition

Probate can be confusing and stressful. Incorrectly filled-out probate petitions can cause delays, rejections, and added stress. We will fill out your petition for you (for FREE).

Fill out the form to have us fill out your petition for you (at no charge). We can only offer 5 free petitions per week, so act fast to secure your spot and avoid the hassle of probate.

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Important Note For Transfer On Death Deeds In Georgia

Georgia does not allow Transfer on Death (TOD) deeds for real estate. 

Property owners in Georgia must use other estate planning tools, such as:

  1. Joint Tenancy with Right of Survivorship: Property passes directly to the surviving joint owner(s) without probate. (This replaces TODDs.)
  2. Living Trusts: These trusts can manage and transfer property to beneficiaries, avoiding probate.
  3. Wills: Though they require probate, wills allow for detailed distribution of assets.

Fill out the form to have your asset avoid the probate process.

What Is A Transfer On Death Deed?

A Transfer on Death (TOD) Deed lets you choose someone to get your property when you pass away. 

This skips the court process, making it easier and faster for the person to get the property.

Benefits of a Transfer on Death Deed

  • Avoiding Probate: A TOD deed lets property go directly to the person you choose without going through probate. This saves time and money.
  • Keeping Control: You keep full control of your property while you’re alive. You can sell it, rent it out, or make changes without asking the person who will get it after you.
  • Changing Your Mind: You can change or cancel the TOD deed anytime you want, which makes it flexible for planning your future.
  • Privacy: Unlike a will, which becomes public, a TOD deed keeps the details of your property transfer private.

Alternatives To Transfer On Death Deeds In Georgia

You can’t use Transfer on Death Deeds in Georgia.

But, there are other ways you can pass on your property and avoid probate. 

Here are some options:

Living Trusts

This is the best alternative to transfer on death deeds in Georgia when:

  • you’re passing more than a house down
  • you DON’T want to give ownership to other people
  • you want to maintain full control of the property

A living trust is a legal setup where you place assets like your house or savings into a trust while you’re alive. 

You manage these assets as the trustee. 

After your death, these assets transfer directly to your chosen beneficiaries without the lengthy court process of probate. 

This allows for quicker, private distribution. 

You can also modify or dissolve the trust at any time.

You can put things like your house into the trust.

  • Avoiding Court: If your property is in a living trust, it doesn’t have to go through probate when you pass away, which makes things faster and more private.
  • You’re in Charge: You get to manage your property while you’re alive. You can also pick someone to take over after you.
  • Changeable: You can change your mind about the trust’s rules or end it at any time.

Joint Tenancy with Right of Survivorship

This is the best alternative to transfer on death deeds in Georgia when:

  • you’re only passing a house down
  • you’re fine with giving ownership of your house to others

Joint Tenancy with Right of Survivorship is a way to co-own property.

Each person owns the entire property together. 

If one owner passes away, their share automatically goes to the remaining owners without probate. 

This direct transfer ensures the property is quickly and seamlessly passed on, avoiding court delays. 

Each co-owner has equal rights and control over the property while they’re alive. 

This ownership style is simple and efficient, making it a popular choice for ensuring smooth property transfer among co-owners. 

Here are the main benefits:

  • Direct Transfer: Upon the death of one owner, the property immediately passes to the surviving owner(s) without probate, simplifying the transfer process.
  • Immediate Ownership: The surviving owner(s) continue to own and use the property without any interruptions, ensuring continuity.
  • Shared Control: All co-owners manage the property together, each having an equal say in decisions during their lifetimes.

Get Help From A Lawyer

Are you trying to figure out how to get around transfer on death deeds in Georgia? 

Our probate attorneys set up everything for you to avoid probate.

We specialize in taking as much as possible off your plate so that you are not: 

  • personally financially liable
  • accidentally breaking the law
  • filling out the paperwork wrong
  • not notifying or paying off creditors
  • dealing with disputes among family and partners

Fill out the form to have us set up your estate plan.

Get Your Free Probate Petition

Probate can be confusing and stressful. Incorrectly filled-out probate petitions can cause delays, rejections, and added stress. We will fill out your petition for you (for FREE).

Fill out the form to have us fill out your petition for you (at no charge). We can only offer 5 free petitions per week, so act fast to secure your spot and avoid the hassle of probate.

"*" indicates required fields

Name*

What Areas We Serve For Probate

Our Georgia probate lawyers work remotely, so you don’t have to visit an office. Here are all the counties we serve in Georgia. 

Gwinnett County
Fulton County
Cobb County
DeKalb County