Types of Deeds in Georgia
A deed is a legal document used for the transfer of ownership of real property (a plot of fixed land) from the grantor (the seller) to the grantee (the buyer). In real estate sales and transactions, the deed serves an important function. It officially makes the buyer the new, legal owner of the property, relinquishing the seller of ownership.
All deeds in Georgia must be in the form of a written document and follow the procedures, as required by Georgia law [OCGA § 44-5-33]. This includes clear identification of the buyer and seller, notarization, and signatures by witnesses [OCGA § 44-2-14; OCGA § 44-2-18]. The deed must then be filed by the Clerk of the Superior Court of the county in which the property is located [OCGA § 44-2-1]. In many instances, a PT-61 form (the form for The Real Estate Transfer Tax) is also necessary as part of the deed [OCGA § 48-6-1; OCGA § 48-6-2].
In Georgia, there are many different types of deeds that must be used for specific situations. It is important to understand their respective purposes and differences from one another, as each type of deed retains a different level of legal protection of the buyer and obligations of the seller.
This article will detail the purposes and unique aspects of seventeen types of deeds available in Georgia, such as:
- General Warranty Deed
- Limited Warranty Deed (Special Warranty Deed)
- Quitclaim Deed
- Gift Deed
- Life Estate Deed
- Survivorship Deed
- Transfer-on-Death Deed (TOD Deed)
- Executor’s Deed
- Administrator’s Deed
- Trustee’s Deed
- Deed of Assent
- Builder’s Deed
- Spousal Deed
- Foreclosure Deed (Deed Under Power)
- Deed in Lieu of Foreclosure
- Security Deed (Deed to Secure Debt)
- Easement Deed
General Warranty Deed
A general warranty deed is used to ensure protection for the buyer in a transfer of ownership of property. The general warranty deed confirms that the property is free and clear of all financial obligations. If any debt were to potentially arise, the seller retains all liabilities for that debt. General warranty deeds are thus most reasonable when the seller can ensure the transfer of a property without financial obligations to be fulfilled [OCGA § 44-5-62].
A general warranty deed has a unique requisite of covenants – or “promises” – made by the seller to the buyer which protects the buyer’s ownership. Typically, there are six covenants, three regarding the present and three regarding the future [common practice under OCGA § 44-5-62; see also implied covenants in § 44-5-63].
The three present covenants are:
- Covenant of Seisin: Guarantees that the seller has legal possession of the property.
- Covenant of Right to Convey: Guarantees that the seller has the legal authority and ability to sell the property.
- Covenant Against Encumbrances: Guarantees that the property is free of any financial burdens that could negatively impact the buyer’s ownership.
The three future covenants are:
- Covenant of Warranty: Guarantees that the seller will defend the buyer’s ownership to the property if any third party were to intervene.
- Covenant of Quiet Enjoyment: Guarantees the buyer’s full right to undisturbed possession of the property [OCGA § 44-5-62].
- Covenant of Further Assurances: Guarantees that the seller will continue to take any further necessary steps.
Limited Warranty Deed
Although similar to a general warranty deed, limited warranty deeds provide protection to the buyer but limits such promise to the period of the seller’s ownership. For example, if an issue emerged before the seller took ownership or after the duration of the seller’s ownership terminated, the seller would not be held responsible. Therefore, a limited warranty deed is often a beneficial option on part of the sellers, as it reduces their liability [limited to grantor’s acts; see OCGA § 44-5-63 for contrast with general warranty].
Quitclaim Deed
A quit claim deed transfers the ownership interest a person holds in a property to another person. A quit claim is distinctive, in that it does not provide any warranties. This means that, unlike other types of deeds, the seller transfers only the interest they hold at the time of transfer, if any. The seller does not have any responsibility over issues related to the title or condition of the property [no implied covenants; see OCGA § 44-5-33 for general form requirements].
Gift Deed
As its name implies, a gift deed transfers ownership of a property from a donor to a recipient without monetary transaction. Since there is no payment involved, gift deeds are often used between families or to charities, in which the decision to transfer a property is made voluntarily. While other deeds may take time to become legally effective, gift deeds are executed immediately [OCGA § 44-5-80]. However, it is a generally irrevocable process, meaning that its actions cannot be undone easily [OCGA § 44-5-86].
Life Estate Deed
A life estate deed grants ownership of a property to two parties: the life tenant, who has the right to use a property for their entire life and the remainderman, who retains full ownership of the property following the tenant’s death [OCGA § 44-6-80]. In this way, the life tenant holds all rights to control the selling, renting, and use of the property during their lifetime [OCGA § 44-6-83]. A life estate deed is often preferred as it does not require the probate process (the allocation of a deceased person’s assets) and automatically transfers ownership to the remainderman [OCGA § 44-6-82].
Survivorship Deed
A survivorship deed establishes joint ownership of a property between a group of two or more people, intended to transfer the property ownership to its surviving owners upon the death of the owner [OCGA § 44-6-190]. A survivorship deed would be useful in the case that one desires to hold interest in a property and pass such interest to another person following death, such as in a parent-child relationship. Further, survivorship deeds do not require the long and costly probate process, allowing for the automatic transfer of a property upon death [OCGA § 44-6-190].
Transfer-on-Death Deed
A transfer-on-death deed allows an owner to designate a beneficiary who will receive their property upon their death. Similar to a survivorship deed, transfer-on-death deeds avoid the difficult probate process, permitting an automatic transfer of property following death [OCGA § 44-17-1 et seq.]. Meanwhile, during the owner’s lifetime, the owner holds complete control over the property and the transfer occurs only after the owner’s death [OCGA § 44-17-2]. Additionally, the owner retains the right to revoke the deed at any time before their death [OCGA § 44-17-4].
Executor’s Deed
An executor’s deed transfers the property of a deceased person to a recipient based on a will [OCGA § 53-8-10]. A distinct feature of an executor’s deed is that the grantor is not the formal owner of the property but rather is entrusted with the duty to manage the property of the deceased person [OCGA § 53-8-15]. Additionally, an executor’s deed does not guarantee any warranties on the property, meaning it transfers only the interest of ownership of a property. If there is no will involved in the process, an administrator’s deed is better fit to transfer the property.
Administrator’s Deed
An administrator’s deed transfers the property of a deceased person who has passed away without a will [OCGA § 53-6-1]. As there is no will to direct the inheritance of a property in the case of an administrator’s deed, an administrator of estate with no personal interests is appointed by a probate court to manage the property of the deceased owner [OCGA § 53-6-20]. This administrator then works to transfer the property to its rightful inheritors or recipients [OCGA § 53-2-30]. Due to the lack of a will, properties of administrator’s deeds are to strictly follow the law and provides no warranties.
Trustee’s Deed
A trustee’s deed conveys real property out of a trust to beneficiaries or third parties. The trustee acts on behalf of the trust, and the deed provides no warranties [OCGA § 53-12-151]. The trustee is most often a family member or friend of the original grantor (maker) of the trust, but can also be a title company, an attorney or law firm, bank, real estate broker, or escrow agent (a professional who holds assets in a trust until all requisites are met).
Deed of Assent
A deed of assent formally establishes the ownership of a rightful beneficiary to an asset of a deceased person [OCGA § 53-8-15]. Rather than being planned ahead of time, the deed of assent is used following the owner’s death. Deeds of assent require the probate process (a procedure to legally verify a will) for the signing of the deed to proceed [OCGA § 53-8-15].
Builder’s Deed
A builder’s deed (often a limited or general warranty deed) transfers newly constructed property from the builder to the buyer [no specific statute; functions as limited warranty under OCGA § 44-5-63]. Despite its particular use regarding construction, a builder’s deed acts in a similar manner to a limited warranty deed.
Spousal Deed
A spousal deed, sometimes referred to as an interspousal transfer deed, transfers the ownership of a property between spouses. The primary use of a spousal deed is the addition of a spouse to ownership of a property. By adding a spouse to a property, the couple then becomes joint owners of the property in subject. This changes the property from being classified as a separate property, which belongs to only one spouse, to a marital property, in which both spouses reserve ownership [OCGA § 19-3-9].
Not only regarding marriages, spousal deeds can also be used during divorces. In the case of a divorce, a spousal deed removes a spouse’s name from the joint ownership of a property.
An advantage of a spousal deed is that it rarely requires the filing of Georgia’s real estate transfer tax [exempt under OCGA § 48-6-2(a)(4)]. This makes it an economical option when choosing which deed to use.
Foreclosure Deed (Deed Under Power)
A foreclosure deed conveys ownership to the lender or highest bidder following a non-judicial foreclosure sale when the borrower defaults on the mortgage [OCGA § 44-14-161]. The foreclosure deed is used in an instance in which the owner fails to successfully fulfill the mortgage agreement. In this dire situation, a foreclosure deed can transfer the ownership of the property and thereby compensate the debt. The lender in a foreclosure deed acquires the property through a court process or auction/bidding.
The foreclosure deed has a unique requisite of notice and advertising rules, which apply in almost all instances. In the state of Georgia, lenders must notify individuals who have taken out a mortgage within thirty (30) days before the foreclosure sale via registered or certified mail, or overnight delivery [OCGA § 44-14-162.2]. The contents of this notice entail the name, address, and telephone number of parties who are able to arrange the loan and a copy of the foreclosure sale advertisement.
The lender publicly advertises the foreclosure sale by means of publications to local newspapers. The advertisement includes a description of the property and the names of the plaintiff, defendant, and those with ownership to the property. This advertisement must be distributed weekly for the duration of four (4) weeks [OCGA § 44-14-162(a)].
Deed in Lieu of Foreclosure
A deed in lieu of foreclosure allows a borrower to voluntarily transfer ownership of the property directly to the lender in exchange for forgiveness of the mortgage debt, thereby avoiding the formal foreclosure process. This deed is typically executed as a quitclaim deed and is useful when the borrower is in default but wishes to negotiate a resolution without the time, cost, and credit damage of foreclosure. Unlike a foreclosure deed, it requires mutual agreement between the borrower and lender, and the lender accepts the property “as is” without pursuing further deficiency judgments in most cases [OCGA § 44-14-161 et seq.; see also general quitclaim provisions under § 44-5-33].
Security Deed (Deed to Secure Debt)
A security deed transfers ownership of a property from the borrower to the lender to secure a loan. When a borrower takes out a loan, security deeds can ensure proper repayment by allowing lenders to retain legal ownership of a property until a loan is fully repaid [OCGA § 44-14-60].
In the state of Georgia, the lender (as holder of the security instrument) must pay the Georgia Intangible Recording Tax at the time of recording with the Clerk of the Superior Court [recording required under OCGA § 44-14-63; intangible tax under OCGA § 48-6-40 et seq.]. The Georgia Intangible Tax is a single tax payment made on the loan. If the lender were to fail to pay the tax, they would face a 50% penalty of the tax and 1% interest per month [OCGA § 48-6-49]. Thus, it is crucial that individuals act fast when using a security deed.
Easement Deed
An easement deed is when one party permits the use of their property to another party for a specific cause. The reasons for the use of an easement deed may include utility lines, shared driveways, construction, drainage, and other communal uses of an otherwise private property [OCGA § 44-9-1]. For such instances, easement deeds can specify which parts of a property is open to access and how the property can be used.
With complete control of the property, owners can maintain authority as to how their property is handled under an easement deed [OCGA § 44-9-2].
There are countless types of deeds in the state of Georgia, each specifically catered to the personal circumstances and conditions of individuals. With such a variety, however, it can often become difficult to determine which type of deed to use for one’s own situation.
This article outlined the seventeen most common types of deeds offered in Georgia and each of their uses and distinguishing characteristics. By understanding the different types of deeds, one can proceed with the most fitting and useful legal method.
Need Help?
If you have questions about Georgia real estate deeds, property transfers, or ownership issues, consulting with an experienced attorney early can help prevent costly problems. Using the wrong deed, or using the right deed incorrectly, can result in a very expensive problem to correct (if it can be corrected). The problems include, but are not limited to clouded title, unintended transfers, tax issues, delayed closings, or future disputes, whether the transfer involves a sale, gift, estate planning, divorce, or inherited property. Proper legal guidance from the outset helps ensure that the correct deed is used, recorded properly, and structured in compliance with Georgia law, reducing the risk of complications later. Contact or experienced real estate and real estate deed attorneys at Coleman Legal Group, LLC for assistance.
Updated: 2026-07-02
