Q: How to obtain affidavit of survivorship and TOD deed forms in Georgia?
I am in Georgia and interested in obtaining legal forms related to real estate for a residence, specifically an affidavit of survivorship and Transfer on Death (TOD) deed, as part of my estate planning. These seem simple, but I'd like guidance on how to proceed, including where I can find these forms and any specifics I should be aware of when filing them.
A: I recommend you consult with an estate planning attorney to prepare these documents. There is a statutory form Transfer on Death Deed provided in O.C.G.A. Section 44-17-3. However, a person's specific circumstances often warrant specific modifications or additions to the form to ensure their intentions are carried out properly. In addition, it is helpful to consider contingencies and how these instruments work in conjunction with the rest of your estate plan.
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A:
In Georgia, you can utilize both an Affidavit of Survivorship and a Transfer on Death (TOD) deed to manage real estate transitions as part of your estate planning. These tools help streamline property transfers and can potentially avoid probate.
**Affidavit of Survivorship**
This affidavit is used when property is held in joint tenancy with the right of survivorship. Upon the death of one owner, the surviving owner can claim full ownership by filing this affidavit along with a certified death certificate. You can obtain a sample form from Camden County's official website. It's advisable to check with your local county clerk's office for any specific requirements or additional forms they may have.
**Transfer on Death (TOD) Deed**
As of July 1, 2024, Georgia law permits the use of TOD deeds, allowing property owners to designate beneficiaries who will inherit the property upon the owner's death, bypassing the probate process. To be valid, the TOD deed must
- Be signed, witnessed, and notarized with the same formalities as a standard deed.
- Be recorded in the county where the property is located before the owner's death.
A sample TOD deed form is provided in O.C.G.A. § 44-17-3. After the owner's death, the beneficiary must record an affidavit affirming the owner's death and other pertinent details within nine months.
**Next Steps**
To proceed, visit your local county clerk's office to obtain the necessary forms and guidance on filing procedures. Ensure all documents are accurately completed and recorded to effectuate your estate planning goals.
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