To accept real estate under the Transfer on Death Deed, Georgia requires an affidavit executed by the grantee (the one receiving the property) as follows:
(1) Verification of the record owner's death;
(2) Whether the record owner and the designated grantee beneficiary were married at the time of the record owner's death; and
(3) A legal description of the real estate.
The Grantor’s death certificate must be attached to the affidavit as an exhibit. Remember to black out the grantor’s social security number.
A template of the affidavit might look like this (for information only, you must prepare your own affidavit):
STATE OF GEORGIA
COUNTY OF
AFFIDAVIT
Personally appeared before me, the undersigned officer duly authorized to administer oaths, who, being first duly sworn, states as follows:
1. Affiant Information
My name is ______________________________ (“Affiant”), and I am of lawful age and competent to make this affidavit. I have personal knowledge of the facts set forth below.
2. Verification of Record Owner’s Death
The record owner of the real property described below was ______________________________ (“Decedent”). Decedent died on or about ______________________ [date of death], as evidenced by the attached certified copy of the death certificate or other official record.
3. Marital Status at Time of Death
At the time of Decedent’s death, Decedent [was / was not] married to ______________________________, who is the designated grantee beneficiary under the relevant deed or transfer on death instrument.
4. Legal Description of the Real Estate
The real property that is the subject of this affidavit is located in __________________ County, Georgia, and is more particularly described as follows:
[Insert full legal description from the deed or other instrument]
Example:
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot ____ of the ____ District, ____ Section, ____ County, Georgia, being Lot ____ of ____ Subdivision, as per plat recorded in Plat Book ____, Page ____, ____ County, Georgia records, which plat is incorporated herein by reference.
5. Purpose of Affidavit
This affidavit is made for the purpose of complying with OCGA § 44-17-2 (2024) and verifying the death of the record owner, clarifying the marital status of the record owner and designated grantee beneficiary at the time of death, and providing a legal description of the real estate, to support appropriate transfer or recording under Georgia law.
FURTHER AFFIANT SAYETH NOT.
_______________________________
[Affiant’s Name]
Subscribed and sworn to before me
this ____ day of __________________, 20____.
_______________________________
Notary Public
My Commission Expires: ___________________