Download Georgia Revocation of Transfer on Death Deed Forms
Georgia Revocation of Transfer on Death Deed
Under Georgia law, specifically Section 44-17-4, the process for revoking a transfer-on-death (TOD) deed involves several steps:
Revoking a TOD Deed:
Execution and Acknowledgment: The record owner (the person who created the TOD deed) must execute an instrument of revocation. This means the owner must sign a document stating the revocation. The signature must be acknowledged before an officer as provided in Code Section 44-2-15, typically a notary public. Two additional witnesses must also attest to the signature.
Content of the Revocation Instrument: The instrument must refer to the original TOD deed.
The instrument must be signed by the record owner or their duly authorized attorney-in-fact.
Recording the Revocation: The instrument of revocation must be recorded in the office of the clerk of the superior court in the county where the real estate is located.
No Consent Required: The revocation does not require the consent, agreement, or notice to the designated grantee beneficiary or beneficiaries.
Changing the Beneficiary Designation: Executing a New TOD Deed: The record owner can change the beneficiary designation by executing a new TOD deed.
This new TOD deed must also be acknowledged and recorded in the same manner as the original.
Recording the New TOD Deed: The new TOD deed must be recorded in the office of the clerk of the superior court in the county where the real estate is located.
Effect of the New TOD Deed: The new TOD deed automatically revokes all prior beneficiary designations for that interest in real estate. Again, no consent, agreement, or notice to the previously designated grantee beneficiary or beneficiaries is required.
Additional Note: A TOD deed cannot be revoked by the provisions of a will. This means that the revocation must occur through the specified process during the owner's lifetime and cannot be undone through a will after the owner's death.
By understanding and following these steps, you can confidently manage and update your real estate beneficiary designations, ensuring they reflect your latest intentions.