[GA] Does a spouse need to sign a transfer on death deed?
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As of July 1, 2024, Georgia law permits the use of Transfer on Death Deeds (TODDs) to transfer real estate upon the owner's death without probate (Georgia Code § 44-6-420 et seq.). If the property is solely owned by your father, his spouse’s signature is not required. The deed can be signed and recorded by your father alone.
If the property is jointly owned with rights of survivorship, all joint owners must sign the TODD. It only takes effect after the death of the last surviving joint owner. Spousal consent is not legally required for a sole owner to execute a TODD, but be aware of possible marital property rights or homestead issues. Also, after the owner’s death, the beneficiary must record an affidavit within nine months to accept the property; otherwise, it reverts to the estate and may go through probate.
If the TODD form includes a signature line for the beneficiary’s spouse, that is not required under Georgia law. It’s likely just a precaution or part of a general template, often used to prevent future disputes over marital property. It doesn’t affect the validity of the deed.
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Hi, in Georgia, does the spouse need to sign the Transfer on Death Deed?
I understand you have a question about Transfer on Death Deeds (TODD) in Georgia. Did you mean the spouse’s signature is required for a TODD?
Yes.
Are you looking to create a Transfer on Death Deed or are you dealing with an existing one in Georgia?
Creating one.
Is there anything else the lawyer should know before I connect you?
I am working on my dad’s transfer to his 3 adult children.
Hello. My name is Richard, and I’ve been a licensed attorney for over 25 years. I’m working on an answer to your question now.
I just needed to know if spouses of transferees have to sign the TODD in Georgia. My father is the sole owner with no spouse. The TODD says the beneficiary spouse should also sign the document. Is that correct?
As of July 1, 2024, Georgia law permits the use of Transfer on Death Deeds (TODDs) to transfer real estate upon the owner's death without probate (Georgia Code § 44-6-420 et seq.). If the property is solely owned by your father, his spouse’s signature is not required. The deed can be signed and recorded by your father alone.
If the property is jointly owned with rights of survivorship, all joint owners must sign the TODD. It only takes effect after the death of the last surviving joint owner. Spousal consent is not legally required for a sole owner to execute a TODD, but be aware of possible marital property rights or homestead issues. Also, after the owner’s death, the beneficiary must record an affidavit within nine months to accept the property; otherwise, it reverts to the estate and may go through probate.
If the TODD form includes a signature line for the beneficiary’s spouse, that is not required under Georgia law. It’s likely just a precaution or part of a general template, often used to prevent future disputes over marital property. It doesn’t affect the validity of the deed.
Okay. Thank you!
No problem. Take care. If you have any follow-up questions, let me know. Thanks again for using AskaLawyer.
Have a good evening.
