Lee County Transfer on Death Deed Form (Georgia)

All Lee County specific forms and documents listed below are included in your immediate download package:

Transfer on Death Deed Form

Lee County Transfer on Death Deed Form

Fill in the blank Transfer on Death Deed form formatted to comply with all Georgia recording and content requirements.
Included Lee County compliant document last validated/updated 11/20/2024

Transfer on Death Deed Guide

Lee County Transfer on Death Deed Guide

Line by line guide explaining every blank on the Transfer on Death Deed form.
Included Lee County compliant document last validated/updated 9/3/2024

Completed Example of the Transfer on Death Deed Document

Lee County Completed Example of the Transfer on Death Deed Document

Example of a properly completed Georgia Transfer on Death Deed document for reference.
Included Lee County compliant document last validated/updated 9/13/2024

When using these Transfer on Death Deed forms, the subject real estate must be physically located in Lee County. The executed documents should then be recorded in the following office:

Lee County Clerk Of Superior Court

100 Leslie Hwy / PO Box 49, Leesburg, Georgia 31763

Hours: 8:00am-5:00pm M-F

Phone: (229) 759-6018 / 6019

Local jurisdictions located in Lee County include:

  • Leesburg
  • Smithville

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Lee County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Lee County using our eRecording service.
Are these forms guaranteed to be recordable in Lee County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Lee County including margin requirements, content requirements, font and font size requirements.

Can the Transfer on Death Deed forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Lee County that you need to transfer you would only need to order our forms once for all of your properties in Lee County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Georgia or Lee County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Lee County Transfer on Death Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

Georgia Law 496, effective July 1, 2024, introduced Chapter 17 regarding Transfer on Death (TOD) deeds. This new chapter affects the creation, execution, and enforcement of TOD deeds in the state. Here's how Chapter 17 affects TOD deeds:

Creation and Execution of TOD Deeds:
Property owners can now create a TOD deed to designate a beneficiary who will receive the property upon the owner’s death. The TOD deed must be executed with the same formalities as a regular deed, meaning it must be signed, witnessed, and notarized. The deed must clearly state that the transfer is to occur upon the owner’s death.

Recording Requirements: To be effective, a TOD deed must be recorded in the county where the property is located before the owner’s death. Failure to record the TOD deed properly may result in it being invalid, and the property would then be subject to probate.

Revocability: The owner retains the right to revoke the TOD deed at any time during their lifetime. Revocation must be executed and recorded in the same manner as the TOD deed itself. The revocation can be made by executing a new TOD deed that expressly revokes the previous one or by recording an instrument of revocation.

Effect on Ownership and Rights: During the owner’s lifetime, the TOD deed does not affect the owner’s rights or the property’s ownership. The owner retains full control of the property and can sell, mortgage, or otherwise manage the property without the beneficiary's consent. The TOD deed only takes effect upon the owner’s death.

Impact on Spouses and Joint Owners: If the property is jointly owned with right of survivorship, the TOD deed will only take effect after the death of the last surviving owner. Both joint owners must sign the TOD deed to ensure it accurately reflects their intentions. In the case of sole ownership, the consent of the non owning spouse may not be legally required but is advisable to prevent potential legal challenges based on marital property or homestead rights.

Priority and Creditor Claims: The TOD deed does not shield the property from the owner’s creditors. Any liens or debts must be settled before the beneficiary can take full ownership of the property. The property remains subject to any existing mortgages or liens, and the beneficiary will inherit the property subject to these encumbrances.

Homestead Rights: Georgia’s homestead rights and exemptions may affect the TOD deed. It’s essential to consider these rights, especially in cases where the property is the primary residence and may involve spousal consent.

Probate Avoidance: The primary advantage of the TOD deed under Chapter 17 is the avoidance of probate. Upon the owner’s death, the property transfers directly to the designated beneficiary without the need for probate proceedings.

Chapter 17 of Georgia Law 496, which governs Transfer on Death (TOD) deeds, includes definitions critical to understanding the application and implications of the law. Here are the explanations for the terms as used in this chapter:
((1) 'Interest in real estate' means any estate or interest in, over or under land, including surface, minerals, structures, fixtures, and easements. (GA 44-17-1(1))
This term is broadly defined to include any type of ownership or stake in real property. It encompasses:
Surface: Ownership or rights related to the surface of the land, including any structures or improvements on it.
Minerals: Subsurface rights, which can include the extraction of minerals, oil, or gas.
Structures: Any buildings or permanent improvements attached to the land.
Fixtures: Items that were once personal property but have been attached to the land or structures in a way that they are considered part of the real estate (e.g., a furnace or built-in cabinetry).
Easements: Rights to use another person’s land for a specific purpose (e.g., utility easements or access roads).
This broad definition ensures that TOD deeds can apply to a wide range of real estate interests, not just traditional ownership of land and buildings.

((2) 'Joint owner' means a person that owns an interest in real estate as a joint tenant with right of survivorship.) This term specifically refers to a person who co-owns an interest in real estate with one or more other people, where the ownership includes the right of survivorship.)
Joint Tenancy with Right of Survivorship: A form of co-ownership where each owner (joint tenant) has an equal share in the property. Upon the death of one joint tenant, their share automatically passes to the surviving joint tenant(s), rather than being distributed according to a will or through probate.
This definition is important for TOD deeds because it clarifies how ownership interests are managed when there are multiple owners. In the context of a TOD deed, if the property is owned as joint tenants with right of survivorship, the TOD deed would only take effect after the death of the last surviving joint owner. Both joint owners must agree and sign the TOD deed to designate a beneficiary who will receive the property upon the death of the surviving owner. (44-17-1(2))

Our Promise

The documents you receive here will meet, or exceed, the Lee County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Lee County Transfer on Death Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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James S.

November 21st, 2024

Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn't see it this time.

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November 21st, 2024

Wasn’t what I expected

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November 20th, 2024

They sent me everything I would need to do this. Easy purchase -Easy download. Great!! I'll be back here for all my document needs.

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November 1st, 2021

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Used immediately. Good sample as it easy to read
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April 23rd, 2022

These guidelines and form helped me lot in preparing quit deed to add my spouse's name in tittle property

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Shelly S.

November 12th, 2021

was fairly easy to work through the forms but needed better information on what goes on a few of the lines

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May 15th, 2019

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Walter K.

November 24th, 2021

Works ok but could have more specific information. My wife and I both own the Quit Claim property, should we both sign as Grantors?

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October 16th, 2019

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December 18th, 2019

Very helpful and easy to access.

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samantha b.

February 18th, 2019

excellent instructions and the examples made completing the forms so very simple. thanks so much.

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James P.

July 28th, 2020

I wish I used this site more often. The format is pretty easy but the messages were invaluable and the staff were great. I was able to complete my transaction in a Covid environment from the security of my own home. Great service and tools!

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Diane P.

July 22nd, 2022

Form was very easy to use and was processed/ recorded with no issue. Thank you it saved me from having to contact an attorney.

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O. Peter P.

June 21st, 2019

I find your forms hard to use, inasmuch as the forms cannot be converted to a Word Document. Editing and deleting of extra lines is not possible, making for a deed with large blank spaces.
Document that results is not usable for me.

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Joseph T.

February 6th, 2019

I downloaded the wrong form, how do I change this, or can I?

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