A Lady Bird deed is not available in Georgia. The state’s property code contains no provision for the enhanced life estate deed used in Florida, Texas, Michigan, and about a dozen other states. Georgia homeowners looking for what a Lady Bird deed does — pass real estate to a named beneficiary at death, outside probate, while keeping full control during life — now have a close equivalent in the transfer-on-death deed, which took effect on July 1, 2024. Revocable living trusts and traditional life estate deeds remain on the table for situations the TOD deed doesn’t fit.
Why People Ask About Lady Bird Deeds
An enhanced life estate deed names a beneficiary who inherits the property automatically at the owner’s death, and the “enhanced” part is the level of control the owner keeps. You can sell, mortgage, lease, or revoke the deed without the beneficiary’s consent. The beneficiary has no legal interest in the property until you die.
That flexibility is what distinguishes a Lady Bird deed from a traditional life estate deed, where the remainderman gains an immediate legal interest the moment the deed is signed. Traditional life tenants cannot sell or mortgage without the remainderman’s agreement and cannot revoke unilaterally. Lady Bird deeds solve that by leaving every meaningful ownership right with the grantor.
Georgia is not among the states that recognize this instrument. A deed drafted as a Lady Bird deed and recorded in a Georgia county would not carry the effect it does elsewhere.
Georgia’s Transfer-on-Death Deed
The closest Georgia equivalent is the transfer-on-death deed, authorized under O.C.G.A. Chapter 44-17 and effective July 1, 2024. A TOD deed names a beneficiary who inherits the property when the owner dies, and the transfer happens automatically without probate.1Justia Law. Georgia Code 44-17-2 – Requirements
On control during the owner’s lifetime, the TOD deed tracks the Lady Bird deed closely. The beneficiary’s signature, consent, or agreement is not required for any purpose while the owner is alive. The record owner remains the full legal and equitable owner until death and is treated as an absolute owner as to creditors and purchasers. You can sell, refinance, or otherwise deal with the property exactly as you could before the deed was recorded.1Justia Law. Georgia Code 44-17-2 – Requirements
One limitation catches people off guard. A TOD deed cannot be revoked by a will. If you change your mind about the beneficiary, you have to record a new TOD deed or a revocation deed. Updating your will is not enough.2Georgia General Assembly. House Bill 1247
Traditional Life Estate Deeds in Georgia
Before the TOD deed existed, a traditional life estate deed was one of the few ways to move real estate outside probate in Georgia. A life estate deed splits ownership: the life tenant keeps the right to live in and use the property for life, and the remainderman receives full ownership at the life tenant’s death.
The trade-off matters. Once you sign a traditional life estate deed, the remainderman holds a legal interest immediately. You cannot sell or mortgage the home without their agreement. You cannot swap in a different beneficiary later. If the remainderman has creditor problems, a judgment lien can attach to their interest in your home. These restrictions make traditional life estate deeds far less flexible than either a Lady Bird deed or the TOD deed.
The traditional life estate deed still has a place when the grantor is certain about the beneficiary and actually wants the arrangement to be irrevocable. For most people, the TOD deed does the same probate-avoidance job while preserving control.
Revocable Living Trusts
A revocable living trust is the most versatile estate planning tool available in Georgia. You create the trust, transfer property into it, and serve as your own trustee. You keep complete control during your lifetime, and at your death a successor trustee distributes assets to your beneficiaries without probate.
The main advantage over a TOD deed is scope. A TOD deed covers one piece of real estate. A trust can hold your home, bank accounts, investments, and other assets under a single plan with unified distribution instructions. Trusts also address incapacity: if you become unable to manage your affairs, your successor trustee steps in immediately. A TOD deed does nothing for you while you are alive.
The drawback is cost and complexity. Trusts require attorney drafting, and property has to be formally retitled into the trust’s name. A TOD deed is a single recorded document. If your only goal is keeping the house out of probate, the TOD deed is simpler and cheaper. For a larger or more complex estate, a trust is usually worth the investment.
Medicaid Planning: Where the TOD Deed Diverges From a Lady Bird Deed
Many people asking about Lady Bird deeds are really asking about Medicaid. In states that recognize the enhanced life estate deed, it generally does not trigger Medicaid’s 60-month look-back penalty because no transfer actually occurs during the owner’s lifetime; the beneficiary receives nothing until the owner dies.3Office of the Law Revision Counsel. 42 U.S. Code 1396p – Liens, Adjustments and Recoveries, and Transfers of Assets The same states may also shield the home from Medicaid estate recovery when they define the recoverable estate to include only probate assets.
Georgia’s TOD deed rests on the same underlying principle — the owner remains absolute owner until death — so recording one should not, in theory, count as a disqualifying transfer. But Medicaid rules are administered at the state level, and Georgia’s Medicaid agency has not published formal guidance specifically addressing TOD deeds. Whether the property escapes estate recovery depends on how Georgia defines the recoverable estate, and that hasn’t been tested in the TOD context. If nursing home planning is a real concern, talk to an elder law attorney before relying on a TOD deed for Medicaid protection. An irrevocable trust removes the property from your estate entirely and offers stronger protection, though it also requires giving up control well before you might need care.
Tax Treatment at Death
The good news on taxes carries across all of these tools. When someone inherits property from a decedent, the property’s basis resets to fair market value on the date of death.4Office of the Law Revision Counsel. 26 U.S. Code 1014 – Basis of Property Acquired From a Decedent
Suppose you bought your home for $150,000 and it’s worth $400,000 when you die. Whether your heir takes through a will, a TOD deed, a trust, or a life estate deed, their basis is $400,000. If they sell for that amount, they owe no capital gains tax. Without the stepped-up basis, they’d owe tax on $250,000 of gain.
Traditional life estate deeds generally qualify for the stepped-up basis too, but they carry a wrinkle the TOD deed avoids: creating a remainder interest during your lifetime can be a completed gift, which may require filing a gift tax return (Form 709).5Internal Revenue Service. Frequently Asked Questions on Gift Taxes Because a TOD deed makes no transfer until death, there is no lifetime gift to report.
Executing and Recording a Deed in Georgia
Every deed to real property in Georgia must be attested by two witnesses, one of whom may be the notary or other official authorized to administer oaths.6Justia Law. Georgia Code 44-2-21 – Recording Instrument Executed Out of State This applies to TOD deeds, life estate deeds, and any other conveyance. A deed missing the second witness is not eligible for recording.
Record the deed in the office of the clerk of the superior court in the county where the property is located. Recording fees vary by county. Georgia also imposes a real estate transfer tax on most conveyances, though transfers at death — including TOD deeds that only take effect at death — and certain intra-family transfers may be exempt. Check fees and tax treatment with the county clerk before filing.
Choosing Among the Georgia Options
- A transfer-on-death deed suits homeowners who want to keep a single property out of probate with minimal cost and paperwork. You keep full control, and recording a new deed changes or revokes the beneficiary at any time.
- A revocable living trust suits people with multiple assets, blended families, or concerns about incapacity. It costs more to set up but handles everything in one plan.
- A traditional life estate deed suits owners who intentionally want an irrevocable commitment — ensuring a specific family member inherits regardless of what happens later. The loss of flexibility is the point.
None of these fully replicates a Lady Bird deed’s combination of grantor control and well-tested Medicaid treatment. The TOD deed comes closest on control; its Medicaid implications in Georgia are still unsettled. If Medicaid planning is central to your decision, an elder law attorney can weigh a TOD deed, an irrevocable trust, or a combination against your circumstances.