Georgia Deed Transfer Questionnaire

State:
Multi-State
Control #:
US-Q1010
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a transferring real property with a deed. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney's case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client's needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Here are the steps to completing a deed transfer in Georgia: Names the Current Owner and New Owner. Contains a Description of the Property. Signed by Current Owner. Two Witnesses: Unofficial Witness & Notary Public. Complete a PT-61, Transfer Tax Form. Record Deed in County Real Estate Records.

The State of Georgia Transfer Tax is imposed at the rate of $1.00 per thousand (plus $0.10 / hundred) based upon the value of the property conveyed. Example: A property selling for $550,000.00 would incur a $550.00 State of Georgia Transfer Tax.

As with any conveyance of realty, a gift deed requires a complete legal description of the parcel. Recite the source of title to maintain a clear chain of title, and detail any restrictions associated with the property. In Georgia, deeds must be signed by the grantor in front of a notary and one witness ( 44-2-21(b)).

In Georgia, typically a seller transfers a deed to a property to someone else by warranty deed, limited warranty deed, or quitclaim deeds. The usual type of deed involved in a residential property transfer transaction is called a warranty deed.

Requirements to be filed The deed must describe the real property, full legal description. Name the party/parties transferring the property (grantor) Name the party/parties receiving the property (grantee) Be signed and notarized by the grantor with a witness.

EFiling Information. PT-61 eFiling It is an excise tax on transactions involving the sale of real property where title to the property is transferred from the seller to the buyer.

The Supreme Court of Georgia has consistently held that it is the unauthorized practice of law for someone other than a duly-licensed Georgia attorney to close a real estate transaction or to prepare or facilitate the execution of such deed(s) for the benefit of a seller, borrower, or lender.

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Georgia Deed Transfer Questionnaire