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How to Transfer Rental Properties into a Trust in Georgia

Transferring a rental property into a trust in Georgia requires recording a new deed that changes title from your personal name to your trust. The trust document itself does not transfer the property. This article explains the exact steps, the Georgia transfer tax rules, and what happens to any property never transferred.

By Melissa Breyer, Esq. 8 min read

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Transferring a Georgia rental property into a trust costs $25 to $35 in recording fees per property plus attorney fees to draft the deed. The recording fee is the small part. The attorney fee depends on how many properties need to be transferred and whether any are held in other states.

The most common gap in real estate investor estate plans is this: the investor signed the trust, the trust sat in a drawer, and the properties were never transferred. When the investor died, the properties went through probate — all of which were supposed to be covered by a trust signed years earlier.

This article explains exactly what a deed transfer involves, what it costs, and why each property requires its own deed.

What Transferring a Property into a Trust Actually Means

A deed is the legal document that shows who owns a piece of real property. To transfer a Georgia rental property into a trust, a new deed must be drafted, signed, and recorded in the county where the property is located. Three things must happen for the transfer to be complete: drafting the deed, signing and notarizing it, and recording it with the county clerk.

A signed but unrecorded deed does not transfer ownership. It must be filed with the county. Recording is what makes the trust ownership official in the public record.

One Deed Per Property

Each property requires its own deed transfer. A single document cannot transfer multiple Georgia properties. A trust document that says “I place all my real property into this trust” does not accomplish a deed transfer — it is a statement of intent, not a legal conveyance.

An Atlanta investor with five rental properties needs five separate deeds, each describing the specific parcel being transferred, each recorded in the county where that property sits.

What the Deed Must Contain

A Georgia warranty deed transferring property into a trust must include: the grantor (you, the current owner), the grantee (your trust identified by its full legal name), the full legal description of the property (not just the street address), the consideration, and a PT-61 Real Estate Transfer Tax form — required for all recorded deeds in Georgia even when no actual sale price exists.

The legal description comes from the existing deed in your name. Using the address alone is insufficient and will cause the deed to be rejected.

The Recording Process in Georgia

1

Draft the New Deed

The deed names the trust as the new owner with the full legal description. A PT-61 transfer tax form is prepared at the same time.

2

Sign and Notarize

You sign the deed as the current owner in front of a notary and two witnesses. This is required under Georgia law for a valid deed execution.

3

Record with the County Clerk

The deed and PT-61 are filed with the Superior Court Clerk office in the county where the property is located. Recording fees vary by county.

4

Confirm Recording

After recording, the clerk stamps the deed with the recording date and book/page reference. The transfer is now official in the public record.

What Changes After the Deed Transfer

After the deed is recorded, the trust owns the property. Your successor trustee has authority over it at your death — immediately, without probate. What does not change: your mortgage stays in your name, your property taxes stay the same, and your homestead exemption is unaffected for your primary residence.

Your lender due-on-sale clause is not triggered by a transfer into a revocable living trust. Federal law (the Garn-St. Germain Depository Institutions Act) specifically exempts transfers into revocable trusts where the borrower remains the beneficiary.

For a full overview of what a complete investor estate plan includes beyond the deed transfer, see What an Estate Plan for a Georgia Real Estate Investor Actually Includes.

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Melissa Breyer

Melissa Breyer

Georgia Estate Planning Attorney

Melissa Breyer is a Georgia-licensed estate planning attorney focused exclusively on trust-based planning for individuals and families. She personally meets with every client and designs every plan from scratch. No templates. No associates handling your case. Every plan is built for your specific family, your specific assets, and your specific wishes.

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Frequently Asked Questions

Transferring a rental property into a trust means recording a new deed that names the trust as the owner. The trust document alone does not transfer ownership — a deed must be drafted, signed, notarized, and recorded with the county clerk office. Until the deed is recorded, the property is still in your personal name and goes through probate when you die.

Yes. Each property requires its own deed transfer. A single document cannot transfer multiple properties. An investor with five rental properties needs five separate deeds, each describing the specific parcel and each recorded in the county where that property is located.

No. Federal law — the Garn-St. Germain Depository Institutions Act — specifically exempts transfers into revocable living trusts where the borrower remains the beneficiary. Your lender cannot call the loan when you transfer a rental property into your own revocable living trust.

A PT-61 is Georgia Real Estate Transfer Tax form, required for all recorded deeds regardless of whether an actual sale occurred. For a transfer from your personal name into your own trust, the transfer tax is typically nominal or zero. The form must still be filed. Submitting the deed without the PT-61 will result in rejection by the county clerk office.

A rental property that was never transferred into the trust stays in the owner personal name. When the owner dies, the property goes through probate regardless of what the trust document says. The family has no access to the property or its rental income for the duration of the probate proceeding, typically 9 to 18 months.

The cost includes attorney fees to draft the deed and county recording fees. Recording fees are typically $25 to $35 per deed in most Georgia counties. Attorney fees depend on the number of properties. When completed as part of a full estate plan, deed transfers for multiple properties are typically included in the overall plan fee.

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