Ga. Code § 44-17-3
An interest in real estate may be titled in a transfer-on-death form by executing, attesting, and recording in the office of the clerk of superior court of the county where the real estate is located, prior to the death of the record owner, a deed in substantially the following form:
"AFTER RECORDING, PLEASE RETURN TO: | ||
__________________ | ||
(Name) | ||
__________________ | ||
__________________ | ||
(Address) | ||
STATE OF __________________ | ||
COUNTY OF __________________ | ||
TRANSFER-ON-DEATH DEED UNDER O.C.G.A. § 44-17-3 | ||
THIS INDENTURE is made the __________________ day of __________________, 20__________________, between __________________ (name of record owner), a resident of __________________ (hereinafter called 'Grantor'), and __________________, a resident of __________________ (hereinafter called 'Grantee'). | ||
W I T N E S S E T H: | ||
Grantor, being of competent mind and having the legal capacity to execute this document, as record owner, does hereby grant, bargain, sell, transfer, alien, convey, and confirm on death to Grantee, as beneficiary, the following described interest in real estate: | ||
(insert description of the interest in real estate). | ||
TO HAVE AND TO HOLD the said described property, with all and singular the rights, members and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only proper use, benefit and behoof of the said Grantee forever in FEE SIMPLE, but subject to the following limitations: THIS TRANSFER-ON-DEATH DEED IS REVOCABLE. IT DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE GRANTOR. IT REVOKES ALL PRIOR BENEFICIARY DESIGNATIONS BY THIS GRANTOR FOR THIS INTEREST IN REAL ESTATE. THE GRANTOR HAS THE RIGHT TO WITHDRAW OR RESCIND THIS DEED AT ANY TIME. ANY BENEFICIARY NAMED IN THIS DEED IS HEREBY ADVISED THAT THIS DEED MAY BE WITHDRAWN OR RESCINDED WHETHER OR NOT MONEY OR ANY OTHER CONSIDERATION WAS PAID OR GIVEN. | ||
Grantor will warrant and forever defend the right and title to the said described property unto the said Grantee against the claims of all persons claiming by, under or through Grantor, subject to the restrictions and limitations set forth in this instrument. | ||
IN WITNESS WHEREOF, the Grantor(s) declare(s) that this deed is a revocable transfer-on-death deed of the real property described herein and has(ve) signed and sealed this deed, the day and year above written. | ||
__________________ (SEAL) | ||
(Signature of Grantor) | ||
__________________ (SEAL) | ||
(Signature of Grantor) | ||
Signed, sealed, declared and delivered in the presence of: | ||
__________________ | ||
Unofficial Witness | ||
__________________ | ||
Notary Public | ||
My Commission Expires: | ||
(SEAL)" | ||
OCGA § 44-17-3