25 LC 48 1618
House Bill 899
By: Representatives Jenkins of the 136
th
, Bonner of the 73
rd
, Leverett of the 123
rd
, and Camp
of the 135
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 17 of Title 44 of the Official Code of Georgia Annotated, relating to
1
transfer-on-death deeds, so as to modify certain provisions regarding transfer-on-death deeds;2
to provide for a definition; to provide for the acceptance of a real estate transfer; to provide3
for revocation; to provide for limitations; to provide for curing defects; to amend Chapter4
3 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, so as to5
provide for precedence of transfer-on-death deeds; to provide for related matters; to provide6
for an effective date; to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Chapter 17 of Title 44 of the Official Code of Georgia Annotated, relating to10
transfer-on-death deeds, is amended by revising Code Section 44-17-2, relating to11
requirements, as follows:12
"44-17-2.13
(a)(1) As used in this Code section, the term 'interested person' means any individual
14
designated by a grantor as a beneficiary will be considered as having direct and tangible15
H. B. 899
- 1 - 25 LC 48 1618
interest in real estate for the purpose of requesting a copy of a certificate of death from16
the Office of Vital Records.17
(2) An interest in real estate may be titled in a transfer-on-death form by recording a18
deed, signed by the record owner of the interest, designating a grantee beneficiary or19
beneficiaries of the interest. Such deed shall transfer ownership of such interest upon to20
each interested person once such interested person has accepted his or her individual21
interest by filing the requisite affidavit as provided for in subsection (d) of this Code22
section within nine months after the death of the record owner. A transfer-on-death deed23
need not be supported by consideration, subject to the following conditions:24
(A) A Form PT-61 shall not be filed with a transfer-on-death deed filed by the grantor;25
(B) The grantor has the right to add alternate interested persons within the deed in case26
a designated beneficiary either predeceases the grantor or dies during the acceptance27
period before accepting the property;28
(C) The grantor may convey a beneficiary interest to a living trust by naming the29
trustee as a designated grantee beneficiary;30
(D) The grantor shall not create a new trust by using a transfer-on-death deed;31
(E) The grantor must have the same legal capacity required to enter into a contract in32
order to execute a transfer-on-death deed; and33
(F) The only time an attorney in fact can execute a transfer-on-death deed on behalf of34
a grantor is when there has been a grant of specific authority contained within the35
power of attorney to create or change a beneficiary designation.36
(b) The signature, consent, or agreement of or notice to a grantee beneficiary or37
beneficiaries of a transfer-on-death deed shall not be required for any purpose during the38
lifetime of the record owner.39
(c) A designated grantee beneficiary may accept real estate pursuant to a transfer-on-death40
deed only on behalf of himself, herself, or a legal entity over which he or she has proper41
authority. A beneficiary shall not accept such real estate on behalf of another designated42
H. B. 899
- 2 - 25 LC 48 1618
beneficiary. However, if the designated beneficiary is a ward or minor, a legal guardian43
or legal conservator may accept real estate pursuant to a transfer-on-death deed on behalf44
of such ward or minor.45
(c)(d) Each designated grantee beneficiary wishing to To accept real estate pursuant to a46
transfer-on-death deed, a designated grantee beneficiary shall execute an affidavit47
affirming:48
(1) Verification of the record owner's death;49
(2) Whether the record owner and the designated grantee beneficiary were married at the50
time of the record owner's death; and51
(3) A legal description of the real estate.52
(d)(e) The designated grantee beneficiary shall attach a copy of the record owner's death53
certificate to the affidavit provided for in subsection (c)(d) of this Code section. For a54
record owner's death occurring on or after July 1, 2024, the designated grantee beneficiary55
shall record such affidavit with a Form PT-61 and related documents with the office of the56
clerk of superior court of the county where the real estate is located within nine months of57
the record owner's death or the interest in the property shall revert to the deceased record58
owner's estate; provided, however, that for a record owner's death occurring before July 1,59
2024, such recording of the affidavit provided for in subsection (c) of this Code section and60
related documents by the designated grantee beneficiary or beneficiaries shall not be61
subject to the nine-month time limitation.62
(f) A beneficiary affidavit recorded pursuant to this Code section before July 1, 2025, in63
which one or more of the named beneficiaries of a transfer-on-death deed explicitly accepts64
the interests being conveyed by the deed on behalf of all or some of the beneficiaries65
named in the affidavit shall be effective to accept such interests if executed by at least one66
of the named beneficiaries accepting such interests.67
(g)(1) Until a property interest is accepted by a designated beneficiary, the personal68
representative of a solvent estate is responsible for mortgage payments, property taxes,69
H. B. 899
- 3 - 25 LC 48 1618
and any repairs that render the property in imminent danger of being destroyed until the70
property interest is accepted. The estate is entitled to repayment of expenses incurred71
during such time until the property interest is accepted and shall have a priority lien72
against the property for any amount that is not repaid within one year after such73
acceptance.74
(2) If a property is subject to imminent danger of foreclosure, condemnation, or75
destruction, the personal representative of an insolvent estate shall notify such designated76
beneficiary that he or she has four months to accept the interest in the property. Should77
such designated beneficiary fail to accept within that time period, the estate's personal78
representative shall have the right to sell the property and pay off all debts, and the79
remaining proceeds shall revert back to the estate.80
(h) In any case where the requirements for acceptance of a property interest have not been81
met, all defects can be cured within nine months so long as the affidavit and the death82
certificate are filed in accordance with subsection (e) of this Code section."83
SECTION 2.84
Said chapter is further amended by revising subsection (a) and by adding a new subsection85
to Code Section 44-17-4, relating to revocation or amendment, as follows:86
"(a) A record owner of an interest in real estate who has titled such interest in a87
transfer-on-death deed form and designated a beneficiary or beneficiaries in the manner88
provided in this chapter may revoke such designation of the grantee beneficiary or89
beneficiaries at any time prior to the death of such record owner, by executing,90
acknowledging, and recording in the office of the clerk of superior court of the county91
where the real estate is located an instrument revoking such designation. The instrument92
of revocation shall refer to the initial transfer-on-death deed, shall be signed by the record93
owner or such record owner's duly authorized attorney-in-fact, and such signature shall be94
attested by an officer as provided in Code Section 44-2-15 and attested by two one other95
H. B. 899
- 4 - 25 LC 48 1618
witnesses witness. Such revocation may be included in another deed or other instrument96
of conveyance that is recorded. The signature, consent, or agreement of or notice to the97
designated grantee beneficiary or beneficiaries to the revocation shall not be required."98
"(d) In any case where the grantor subsequently sells or conveys an interest in real estate99
before such grantor's death or conveys an interest in real estate to such grantor's living trust,100
or where the death of a sole designated beneficiary occurs before acceptance, the101
transfer-on-death deed intended for conveyance to the designated grantee beneficiary is102
rendered revoked."103
SECTION 3.104
Said chapter is further amended by revising Code Section 44-17-5, relating to grantee105
beneficiary rights and prior death of designated grantee beneficiary, as follows:106
"44-17-5.107
(a) A grantee beneficiary or the beneficiaries of a transfer-on-death deed shall take the108
interest in real estate of the record owner at upon the acceptance of the interest within nine109
months of the death of such record owner, free and clear of any claims or interest as to a110
person who became the spouse of the record owner subsequent to the execution of the111
transfer-on-death deed, subject to all recorded conveyances, assignments, contracts,112
mortgages, liens, and security pledges made by the record owner or to which the record113
owner was subject during the lifetime of such record owner, including, but not limited to,114
any recorded executory contract of sale, option to purchase, lease, license, easement,115
mortgage, deed of trust or lien, and to any interest conveyed by the record owner that is less116
than all of the record owner's interest in the property; provided, however, that a117
nonconsensual lien against the grantee beneficiary or beneficiaries shall not attach to the118
property until the recording of the affidavit described in subsections (d) and (e) of Code119
Section 44-17-2. A transfer-on-death deed takes precedence and priority over any petition120
for year's support filed upon the death of the grantor.121
H. B. 899
- 5 - 25 LC 48 1618
(b) If one or more of the designated grantee beneficiaries dies prior to the death of the
122
record owner, the transfer to those beneficiaries who predecease the record owner shall123
lapse and shall be deemed revoked, and the lapsed interest shall be split evenly among the
124
remaining designated grantee beneficiaries who are living at the time of the death of the125
record owner and shall not revert back to the estate. In the event the grantee beneficiary126
or beneficiaries are designated in the deed to be joint tenants with right of survivorship, the127
death of one or more of the designated grantee beneficiaries prior to the death of the record128
owner shall not invalidate an otherwise validly created joint tenancy estate as to those129
designated grantee beneficiaries who are living at the time of the death of the record130
owner."131
SECTION 4.132
Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to year's support,133
is amended by revising Code Section 53-3-5, relating to filing of petition, as follows:134
"53-3-5.135
(a) Except as provided by subsection (a) of Code Section 44-17-5, upon Upon the death136
of any individual leaving an estate solvent or insolvent, the surviving spouse or a guardian137
or other person acting in on behalf of the surviving spouse or in on behalf of a minor child138
may file a petition for year's support in the probate court having jurisdiction over the139
decedent's estate. If the petition is brought by a guardian acting on behalf of a minor child,140
no additional guardian ad litem shall be appointed for such minor child unless ordered by141
the court.142
(b) The petition shall set forth, as applicable, the full name of the surviving spouse, the full143
name and birthdate birth date of each surviving minor child, and a schedule of the property,144
including household furniture, that the petitioner proposes to have set apart as year's145
support. The petition shall describe fully and accurately any real property the petitioner146
H. B. 899
- 6 - 25 LC 48 1618
proposes to have set apart as year's support with a legal description sufficient under the
147
laws of this state to pass title to the real property.148
(c) A petition for year's support shall be filed within 24 months of the date of death of the149
decedent."150
SECTION 5.151
This Act shall become effective upon its approval by the Governor or upon its becoming law152
without such approval.153
SECTION 6.154
All laws and parts of laws in conflict with this Act are repealed.155
H. B. 899
- 7 -