Randolph County Transfer on Death Deed Form (Georgia)
All Randolph County specific forms and documents listed below are included in your immediate download package:
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 Randolph County compliant document last validated/updated 12/12/2024
Transfer on Death Deed Guide
Line by line guide explaining every blank on the Transfer on Death Deed form.
Included Randolph County compliant document last validated/updated 9/3/2024
Completed Example of the Transfer on Death Deed Document
Example of a properly completed Georgia Transfer on Death Deed document for reference.
Included Randolph County compliant document last validated/updated 9/13/2024
The following Georgia and Randolph County supplemental forms are included as a courtesy with your order:
When using these Transfer on Death Deed forms, the subject real estate must be physically located in Randolph County. The executed documents should then be recorded in the following office:
Clerk of Superior Court
98 Front St / PO Box 98, Cuthbert, Georgia 39840
Hours: 8:00am-5:00pm M-F
Phone: (855) 782-6310 ext 8
Local jurisdictions located in Randolph County include:
- Coleman
- Cuthbert
- Shellman
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 Randolph 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 Randolph County using our eRecording service.
Are these forms guaranteed to be recordable in Randolph County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Randolph 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 Randolph County that you need to transfer you would only need to order our forms once for all of your properties in Randolph County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Georgia or Randolph 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 Randolph 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 Randolph 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 Randolph 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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December 22nd, 2024
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May 19th, 2020
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October 30th, 2019
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June 27th, 2020
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Stephen D.
April 17th, 2020
I recommend you add a box "Add another document or package." The way it is now confused me, so I uploaded the same document two more times, thinking the upload failed the first two times.
Thank you for your feedback Stephen.
Anthony T.
August 6th, 2019
Would be better if you could save the forms to word for easier use on your computer.
Thank you!
Bonnie C.
July 28th, 2021
Easy and convenient. Was nice to have just a one time charge without a so-called anual fee/membership. Will use again if needed. May update review after "all is said and done."
Thank you!
Thomas D.
April 30th, 2020
The documents themselves are fine and the information provided with them is helpful. I find the actual processing of the documents, however, to be difficult particularly once the document has been saved. First, I note that the box for the date only allows entry of the last 2 digits of the year. Unfortunately, my download only allows me to enter one of the 2 digits required. When I delete it repeatedly, it eventually allows both digits to be entered but puts them in extremely small text and in superscrypt. I have not found a solution to this problem and am not sure the deed can even be recorded with this problem.
Another problem is that if you try to revise the document after you have saved it the curser goes to the end of the line after each key entry. This means that there basically is no way to efficiently save the document for reworking later since you will have to delete everything you have entered in the text box unless you only need to make a single keystroke change or are willing to replace the curser after each entry. Try that with a long property description!
Please note that I am using a Mac to prepare my documents and perhaps this is part of an "incompatibility problem". However, I didn't see a disclaimer regarding Mac use and so would expect the documents to perform correctly. Overall, I give the program a "2 star" rating because I am experiencing significant difficulties in entering dates in the documents even before saving them and because saving your work for later revision appears to be basically unworkable.
Thank you for your feedback Thomas, we appreciate you being specific about the issues you encountered. Adobe and Mac have a fairly long history of issues working together.
Debbie M.
July 3rd, 2020
The forms and instructions were easy to follow and get complete. It was very nice to be able to just find them, pay for them, and download them so that they were printed just within a matter of 30 minutes. Thank you
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JJ G.
September 18th, 2020
Was very easy and helpful. No going down to the courthouse
Thank you!
Barbara K.
June 10th, 2023
Found what I needed quickly, easy website to maneuver. Like having a sample to look at along with instructions.
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James L.
February 15th, 2022
The process to obtain online forms was simple and straight forward and uncomplicated.
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