Wayne County Transfer on Death Deed Form (Georgia)
All Wayne 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 Wayne 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 Wayne 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 Wayne County compliant document last validated/updated 9/13/2024
The following Georgia and Wayne 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 Wayne County. The executed documents should then be recorded in the following office:
Clerk of Courts
174 North Brunswick St / PO Box 920, Jesup, Georgia 31546
Hours: 8:30 to 5:00 M-F
Phone: (912) 427-5930
Local jurisdictions located in Wayne County include:
- Jesup
- Odum
- Screven
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 Wayne 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 Wayne County using our eRecording service.
Are these forms guaranteed to be recordable in Wayne County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Wayne 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 Wayne County that you need to transfer you would only need to order our forms once for all of your properties in Wayne County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Georgia or Wayne 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 Wayne 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 Wayne 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 Wayne 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.
4.8 out of 5 - ( 4448 Reviews )
Dorothy N.
December 22nd, 2024
The mortgage and note were thorough and very satisfactory for my purposes. The accompanying forms were excellent. I am very pleased with my purchase.
We welcome your positive feedback and are thrilled to have met your expectations. Thank you for choosing our services.
Edward E.
December 22nd, 2024
Easy to use.
Your feedback is valuable to us and helps us improve. Thank you for sharing your thoughts!
MARISSA G.
December 22nd, 2024
I recomemed this webside
Thank you for your feedback. We really appreciate it. Have a great day!
Sharon B.
April 3rd, 2024
Downloaded pdf form was difficult to use,/modify and has too much space between sections.
Your feedback is valuable to us and helps us improve. Thank you for sharing your thoughts!
Erika K.
July 3rd, 2020
Very Easy to use, especially since the county recorder's office is closed due to COVID-19
Thank you!
Pamela L.
November 10th, 2019
The packet was very comprehensive and easy to use (I had just one question that wasn't clearly explained). II appreciate that the forms are kept up to date.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
KELLY P.
July 19th, 2021
That was easy!!
Thank you!
patricia l.
February 16th, 2019
found this site very easy to use
Thank you for your feedback. We really appreciate it. Have a great day!
Cynthia E.
October 12th, 2024
Disappointed that you were not able to provide me with the information requested. They did issue a refund but I don’t think it’s come through yet.
We are grateful for your engagement and feedback, which help us to serve you better. Thank you for being an integral part of our community.
William S.
June 26th, 2022
The forms worked well for entering information. I have finished without much trouble. Since the forms are Adobe PDF files you need the free app to use them but you can't edit unless you have the paid Adobe program. And, it was a reasonable price.
Thank you for your feedback. We really appreciate it. Have a great day!
Joshua W.
May 9th, 2021
Very efficient and easy to use, worth the price.
Thank you for your feedback. We really appreciate it. Have a great day!
Keli A.
June 3rd, 2021
Excellent site, super fast responses to messages, and great patience with a newbie user. Couldn't be more pleased. Thank you!
Thank you for your feedback. We really appreciate it. Have a great day!
Cynthia R.
September 23rd, 2020
Fantastic efiling service! The transaction went very smoothly. Thanks!
Thank you!
Lutalo O.
December 26th, 2019
Great tool for finding the best real estate forms!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Claudia S.
May 23rd, 2024
Website is very easy to navigate.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!