Transfer of Death Deeds (TODD) Transfer of death (TODD) is a legal document allowing you to transfer your real property to a named beneficiary upon death without going through probate. To use a TODD, you must execute the deed while still alive and record it with the county recorder's office.
Georgia is one of a few that allows heirs to forego the probate process, with no estate dollar value limitation, as long as: there are no outstanding debts. all heirs agree with the distribution plan. there is no last will and testament.
TOD Deeds in Georgia Upon death of the record owner, the beneficiary must execute and record an affidavit affirming and accepting the real estate interest that includes verification of the owner's death, information regarding the owner's marital status at the time of death, and a legal description of the real estate.
In Georgia, transferring title from the estate to heirs typically requires the execution of an appropriate deed. Because there was no will, the administrator acts under the authority granted by the probate court to issue a deed transferring the property's legal title to the heirs.
The executor will be charged with the duty to cause an “Executor's Deed” or “Assent to Devise” to be drafted, executed and filed with the real estate records office where the real estate is located. The “Executor's Deed” or “Assent to Devise” formally transfer title from the deceased to the intended beneficiary.
An executor in Georgia typically has six months to a year to settle an estate. However, the exact timeline can vary based on the estate's complexity and any disputes. Here are the key steps and what to expect.
Table of Contents Obtain a Death Certificate. Determine the Estate Executor. Complete the Title Transfer Form. Provide Supporting Documents. Submit the Paperwork.
To avoid probate in Georgia, you can establish “transfer-on-death” or “payable-on-death” provisions for various accounts and securities. This is essentially naming a beneficiary who would receive the balance of any specific accounts when you pass away, without having to go through probate.