Can Two People Sign a Transfer-on-Death (TOD) Deed in Georgia?

Can Two People Sign a Transfer-on-Death (TOD) Deed in Georgia?

Yes. But the requirements may be different based on how you own the property - whether joint tenants with right of survivorship (JTROS) or tenants in common (TIC). (Learn more about JTROS AND TIC here)

In Georgia, if a property has two record owners, each must sign the same Transfer-on-Death (TOD) deed for it to be valid as to their respective ownership interests.

When Multiple Owners Are Involved:

  • Joint Owners as Grantors – All Must Sign

    • Georgia law allows a TOD deed to be recorded by a property’s record owner or owners.

    • If property is co-owned—especially as joint tenants with rights of survivorship—then all co-owners (grantors) must join in executing the TOD deed.

    • Only after the last surviving co-owner dies will the beneficiary acquire the property.

    • Without signatures from every co-owner, the deed cannot effectively transfer that individual’s share at death.

  • Tenants in Common – Separate Deeds Allowed

    • In a tenancy-in-common, each owner holds a distinct share of the property.

    • Each co-owner may independently execute their own TOD deed covering only their interest, without requiring the consent or signature of the other owners.