A house or land without probate in Georgia

Since July 1, 2024, an owner can record a deed titling Georgia real estate in transfer-on-death form, naming one or more grantee beneficiaries. The owner must have the capacity to make a contract; an agent under a power of attorney cannot sign it.

Checked against official sources: October 30, 2026.

Transfer-on-death (TOD) and payable-on-death (POD) in Georgia

Real estate (TOD deed)

Yes · Transfer-on-death deed

Since July 1, 2024, an owner can record a deed titling Georgia real estate in transfer-on-death form, naming one or more grantee beneficiaries. The owner must have the capacity to make a contract; an agent under a power of attorney cannot sign it. After the death, each beneficiary accepts by signing an affidavit (with a copy of the death certificate) and recording it with the clerk of superior court where the property is, within nine months of the death or the property goes back to the estate. The deed has priority over unsecured debts and year's support. The owner can revoke it by recording a signed, witnessed revocation.

Law: O.C.G.A. secs. 44-17-1 to 44-17-7 (2024 Ga. Laws, SB 420

Source: Official page

Does real estate count toward the small estate limit?

Kind of propertyHow it is treatedDetails
Real estate in Georgia
Counts

Georgia real estate is listed in the petition and passes under the heirs' agreement or a year's support order.

Law: GPCSF 9; GPCSF 10

Main home (primary residence)
Counts

The home is real estate and can be set apart as year's support or divided by the heirs' agreement.

Law: GPCSF 9; GPCSF 10

Surviving spouse in Georgia

A surviving spouse and minor children can petition the probate court within 24 months after the death for year's support: property, including the home, set apart to keep their standard of living for 12 months, considering their other resources. A bank can pay up to $15,000 of an intestate person's deposits to the surviving spouse first.

Who inherits with no will in Georgia

If there is no will, the heirs are determined under O.C.G.A. 53-2-1: a surviving spouse and children share the estate; if there is a spouse and no children, the spouse inherits; if there is neither, the estate goes to parents, then brothers and sisters, then more distant relatives. The probate court's Heirs Determination Worksheet helps identify the heirs.

Law: O.C.G.A. sec. 53-2-1

Source: Official page

Related pages

Free help in Georgia

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.