REALsmart – Understanding Deeds in Georgia

CCK
3 days ago
4 min read

In Georgia, not all deeds are created equal. How a property is titled determines who inherits, who controls, and how easy—or hard—it will be to sell later. Below we break down three ownership types: Tenants in Common, Joint Tenants with Right of Survivorship (JTWROS), and Transfer-on-Death (TODD) Deeds.

1. Tenants in Common – The Default Deed

Each owner holds an independent, undivided share of the property. When one owner dies, that share passes through their estate, not to the other co-owners.

Best for:

• Business partners or unrelated co-owners.

• Family members who contributed unequal funds.

• Anyone wanting their interest to pass through their will or probate estate.

Not ideal for:

• Married couples wanting automatic transfer to the surviving spouse.

• Parents adding children to a deed to 'avoid probate.'

REALsmart Insight: A Tenants In Common deed is the default form in Georgia unless survivorship is clearly stated.

2. Joint Tenancy with Right of Survivorship (JTWROS)

When one owner dies, their share automatically passes to the surviving owner(s) by operation of law—skipping probate entirely.

Exact language required: 'as joint tenants with right of survivorship and not as tenants in common.'

Best for:

• Married couples who want seamless transfer.

• Elderly parents with one trusted adult child.

• Co-owners with equal shares and aligned goals.

Not good for:

• Investors or partners—survivorship can unintentionally give full ownership to one person.

• Blended families or remarried spouses who need to divide assets among children.

REALsmart Insight: JTWROS is a closing tool with estate-planning consequences. It works beautifully—until it doesn’t. When the second owner dies, the property still needs a plan.

3. Transfer-on-Death (TODD) or 'Lady Bird' Deeds

A TODD names a beneficiary or multiple beneficiaries who automatically inherit property at the owner’s death—no probate required. Georgia’s statute (O.C.G.A. §44-17-1 thru §44-17-7) is new and not yet widely used.

Best for:

• Single homeowners wanting a simple transfer to one beneficiary.

• Owner with small estates who want to skip probate.

Not good for:

• Owners with multiple heirs or complex family dynamics.

• Anyone who may want to make deed changes in the future.

• Cases involving Medicaid, tax planning, or blended families.

Additional issues with this brand-new deed type:

The owner can revoke it, but:

The deed requires a witness and notary. The revocation of the deed requires TWO witnesses and a notary. Odds are it will be revoked incorrectly, particularly if the owner tries to DIY the revocation or uses an attorney not fully familiar with the requirements.
Does transferring title to a trust revoke the Transfer on Death? No one knows.
Does selling the property revoke the Transfer on Death? No one is sure.

Acceptance issues:

The beneficiary has to accept the transfer within 9 months or the property reverts to the original owner’s estate. That original owner’s estate may need to be re-opened or will have to be probated to deal with the property.
You can have more than one beneficiary, but no one knows whether all of the beneficiaries need to accept or it is sufficient for one to do it. What happens if one does accept and one does not? There is no answer yet for that.
Whose is responsible for making sure the mortgage payments are made for the possible 9 months between death and acceptance? It is not part of the original owner’s estate.
Will the county transfer the tax bill to the beneficiary? The acceptance is made through an affidavit and there is no transfer tax form included when affidavits are recorded.
What happens if a beneficiary dies during the 9 month acceptance period? Does the property go to the beneficiary’s estate? Does it go to the remaining beneficiaries? Does it go back to the original’s owner’s estate? Can a beneficiary leave their TODD interest to someone in their own will? Good questions. No answers.
If the beneficiary is not a family member, how do they get a copy of the original owner’s death certificate to record with the affidavit in order to accept?
If the beneficiary is a minor, who can accept for them?

REALsmart Insight: A Transfer-on-Death deed is not a closing document. It’s an estate-planning deed that should be drafted by the homeowner’s estate attorney.

Why Agents Shouldn’t Choose the Deed

Even experienced professionals rarely have all the details needed to pick the 'right' deed. Ownership decisions depend on:

• Family goals and inheritance plans

• Tax and creditor exposure

• Medicaid eligibility or recovery risk

• Marital or divorce status

• Potential estate disputes

REALsmart Reminder: A deed is both a transfer and a legal strategy. At closing, we know the transaction—but we don’t know the client’s full estate plan. Always encourage clients to consult their estate-planning attorney.

Final Takeaways for Georgia Agents & Attorneys

Explanation of the three deeds and what happens when the owner dies. — Deeds at a Glance

Every deed carries intent, inheritance, and potential conflict in its language. When in doubt:

• Explain the general difference,

• Stay within your license, and

• Suggest they discuss their particular situation and needs with an estate planning attorney.