Committee removes 9-month acceptance rule for transfer-on-death deeds, adjusts PT-61 filing

A committee cleared a substitute to House Bill 899 that strikingly removes a nine-month acceptance period for transfer-on-death deeds and adjusts filing practice so county clerks’ systems and taxpayers avoid accidental loss of homestead exemptions.

Representative Jenkins, the bill sponsor, said the substitute was developed with the Georgia Real Estate Closing Attorneys, clerks of court and other stakeholders. The sponsor said they removed the statute’s nine-month acceptance period after concerns raised by Atlanta Legal Aid and other practitioners and focused instead on procedural consistency for the transfer-on-death affidavit and PT-61 form.

LaShay Callaway, identified by the sponsor as a primary author and subject-matter expert with the Georgia Real Estate Closing Attorneys, explained that moving the PT-61 filing to the affidavit rather than the deed avoids creating the appearance of a sale that has in some cases led to loss of homestead exemptions and higher property tax bills. "The PT 61 form is now filed with the affidavit instead of the deed," she said, describing clerk-system changes that will warn filers and require the PT-61 where appropriate.

Committee members confirmed the substitute preserves the affidavit requirement after death but removes the nine-month acceptance deadline. The clerk’s authority, Callaway said, has agreed to update e-recording dropdowns so the system requires the PT-61 when an affidavit for a transfer-on-death deed is chosen.

The committee voted the bill out on a hand/voice count.

What’s next: The bill passed the committee and will continue through the legislative process; the sponsor said stakeholders will continue fine-tuning implementation details with clerks.