The Georgia Transfer-on-Death Deed (TOD) allows property owners to transfer real estate to beneficiaries upon their death, avoiding probate. This document shares similarities with a Last Will and Testament. Both documents outline the distribution of assets after death. However, unlike a will, which takes effect only after probate, a TOD deed allows for immediate transfer of property rights upon the owner’s death, streamlining the process and keeping the property out of probate court.
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A Living Trust is another document that parallels the TOD deed. Like the TOD, a living trust allows for the transfer of assets without going through probate. In a living trust, the property is placed into a trust during the owner’s lifetime, and the owner can retain control over it. Upon death, the trust assets are distributed according to the trust terms, similar to how a TOD deed transfers property to named beneficiaries. However, a living trust can cover a broader range of assets beyond just real estate.
Joint Tenancy with Right of Survivorship is another document that serves a similar purpose. This arrangement allows two or more people to own property together. When one owner dies, their share automatically transfers to the surviving owner(s), similar to how a TOD deed operates. The key difference lies in the joint ownership aspect; with a TOD deed, the original owner maintains full control until death, while joint tenancy requires shared ownership during life.
The Beneficiary Designation form is also akin to the TOD deed. This form allows individuals to name beneficiaries for certain accounts, such as life insurance policies or retirement accounts. Upon the account holder’s death, the assets transfer directly to the named beneficiaries, bypassing probate. Both documents facilitate the direct transfer of assets, but the beneficiary designation typically applies to financial accounts rather than real estate.
Lastly, a Life Estate Deed is similar in that it allows for the transfer of property interests. With a life estate, the original owner retains the right to live in and use the property during their lifetime. Upon their death, the property automatically passes to the designated remainderman. Like the TOD deed, a life estate deed avoids probate, but it differs in that the original owner cannot sell or mortgage the property without the remainderman's consent.