Detailed answer — how a will interacts with transfer-on-death deeds and payable-on-death designations under Georgia law

Short answer: Yes — in many cases you still need a transfer-on-death (TOD) deed or payable-on-death (POD) designation if you want property to pass directly to your daughter outside of probate. A will controls only property that is part of your probate estate. Many assets pass outside probate by title or beneficiary designation, and those non‑probate designations generally override what your will says.

How this works in practice

Georgia separates probate and non‑probate transfers. Your will governs how property titled in your individual name is distributed through probate. But property that already has a beneficiary designation or automatic transfer mechanism will pass according to that designation — not by the will — and typically without going through probate.

Common non‑probate mechanisms

• Payable on Death (POD) or Transfer on Death (TOD) bank accounts or securities — these pass to the named beneficiary on your death.
• Transfer-on-Death deed for real property — a written, recorded TOD deed can transfer title to a named beneficiary on your death without probate (if the deed meets Georgia formalities).
• Joint tenancy with right of survivorship — the surviving joint tenant becomes the owner immediately on death.
• Retirement accounts and life insurance — governed by beneficiary designations on the account or policy, not by a will.

Hypothetical examples

Example A: You leave all your property to your daughter in your will, but your bank account is labeled POD to your brother. On your death, the bank will pay the account to the brother because the POD designation controls, and that account will not go through probate for distribution under the will.

Example B: Your house is titled only in your name and you name your daughter in your will, but you also record a valid TOD deed naming your daughter. On your death the house passes to your daughter under the TOD deed and does not need probate.

Why you might still want a TOD deed or POD designation even if your will names your daughter

• To avoid probate: Non‑probate transfers typically allow the asset to pass faster and with lower cost and court involvement than probate distribution under a will.
• To avoid conflicts between assets: Naming a beneficiary on accounts and property titles ensures those particular assets go where you intend, rather than being subject to oversight or delay in probate.
• To control which assets go through probate: You can limit probate to just certain items while sending others directly to your daughter.
• To reduce administration work: Banks and title companies often transfer POD/TOD assets directly to the beneficiary with minimal paperwork.

When a will is still important

A will covers assets that do not have beneficiary designations or survivorship titles. It also can name a guardian for minor children and name a personal representative (executor) to handle probate affairs. If you fail to use TOD/POD mechanisms and some assets remain individually titled, your will provides guidance for how the probate court should distribute them.

Pitfalls and red flags to watch for

• Conflicting designations: If the beneficiary on an account conflicts with your will, the beneficiary designation usually wins.
• Improper or expired forms: POD forms and TOD deeds must comply with Georgia rules and the bank or county recorder’s requirements to be effective.
• Creditor claims and taxes: Some non‑probate transfers still can be reached by creditors or create tax consequences; avoiding probate does not eliminate all creditor or tax exposure.
• Changes in relationships: A beneficiary you named years ago may no longer be someone you want to inherit. Keep designations current.

Where to find Georgia law and practical state guidance

Georgia treats wills and probate under its state probate rules. For an overview of Georgia probate and wills, see the Georgia Courts information on probate: https://georgiacourts.gov/faq/probate/. For the Official Code of Georgia (statutory framework governing wills, estates and probate matters), see OCGA Title 53 at the Georgia General Assembly: https://www.legis.ga.gov/legislation/ocga/section/53.

Recommended next steps

1. Inventory your assets and note how each is titled (individual, joint, TOD deed, beneficiary on account, retirement account beneficiary).
2. For any asset you want to pass directly to your daughter without probate, add or confirm a valid POD/TOD designation or record a TOD deed for real property where permitted by Georgia practice.
3. Review beneficiary forms for retirement plans and life insurance — those designations usually control even over a will.
4. Update your will so it coordinates with non‑probate designations and reflects your current wishes.
5. Talk with a Georgia-licensed probate or estate planning attorney to ensure TOD deeds and beneficiary forms are drafted and recorded properly and that your plan addresses creditor, tax, and incapacity concerns.

Helpful hints

• Check account titles online or at the bank — POD wording varies; ask the bank to confirm current beneficiary designations in writing.
• Record TOD deeds at the county recorder’s office for real property. Confirm the clerk’s required form and recording process in your county.
• Keep copies of beneficiary forms, TOD deeds, deeds, and your will in a safe but accessible place and tell your daughter where to find them.
• Coordinate beneficiaries — name the same primary beneficiary across similar accounts to avoid unintended splits.
• Consider a revocable living trust if you want broader control over multiple assets and more comprehensive probate avoidance; trust funding is key.
• When in doubt, ask a probate or estate planning attorney in Georgia. Small mistakes in deeds or beneficiary paperwork can cause big problems later.

Disclaimer

This article is for general information only and is not legal advice. I am not a lawyer. Laws change and every situation is unique. To apply Georgia law to your facts and get advice tailored to your circumstances, consult a licensed Georgia attorney.