Detailed Answer

Short answer: In Georgia, when one or more co-owners named on a joint survivorship deed (joint tenancy with right of survivorship or a deed expressly creating survivorship rights) dies, title usually passes automatically to the surviving owner(s) by operation of law. To update public records you typically must gather proof of death and file a short recorded document (often called an affidavit of survivorship or affidavit of death of joint tenant) or, in some cases, record a new deed. If the deed did not create survivorship rights, or if all co-owners are deceased, the property will normally pass through the decedent’s probate estate and a probate or other court action may be required.

How Georgia law generally treats survivorship ownership

Under Georgia practice, survivorship language in a deed (for example, “to A and B as joint tenants with right of survivorship”) normally causes the deceased owner’s interest to vest automatically in the surviving owner(s) at the moment of death. That transfer happens outside probate, but the public land records must be updated so the title chain reflects the current owner.

For general statutory guidance and the Official Code of Georgia Annotated (OCGA), see the Georgia General Assembly website: https://www.legis.ga.gov/. For information on obtaining certified death certificates, see the Georgia Department of Public Health Vital Records: https://dph.georgia.gov/VitalRecords. For clerk recording and court resources, see Georgia Courts: https://www.georgiacourts.gov/.

Step-by-step: Updating the recorded ownership after a co-owner dies

Identify the deed language and current title status. Obtain the recorded deed (from the county where the property is located) and read it. Look for language like “joint tenants with right of survivorship,” “right of survivorship,” or similar words. If the deed uses survivorship language, the surviving owner(s) typically become sole owner(s).
Get certified copies of the death certificate(s). Order certified (long-form) death certificates for the deceased owner(s) from Georgia Vital Records or the county registrar. County clerks and title companies generally require certified copies rather than photocopies.
Decide whether to record an affidavit or a new deed. Common options:

Affidavit of Death of Joint Tenant or Affidavit of Survivorship: A short affidavit signed and notarized by the surviving owner(s) (sometimes with the attorney) that identifies the recorded deed, confirms the deceased co-owner(s) and states the survivor’s ownership now. Attach a certified death certificate. Many counties accept this to update the record without a new deed.
New deed (quitclaim or warranty deed): The surviving owner(s) may record a new deed that confirms they now hold title (for example, a deed conveying the property from “A and B, now A as sole owner”). This is often used if buyers, lenders, or title companies want an express recorded transfer rather than just an affidavit.

Prepare the recording documents correctly. The affidavit or deed must reference the original recorded deed (book and page or instrument number), include a legal description, be notarized, and include the correct signature blocks and any required statutory language. Many counties have local forms or recording requirements—contact the clerk of superior court in the county where the property is located for specifics.
File (record) with the Clerk of Superior Court. In Georgia, deeds and affidavits affecting title are recorded in the clerk of superior court’s office for the county where the property sits. Bring the original affidavit/deed, the certified death certificate(s), the recording fee, and any required transfer tax or forms. The clerk will return a recorded copy with a recording stamp.
Follow up after recording. – Update property tax and appraisal records with the county tax assessor. – Notify mortgage servicers, title insurance company, homeowners association, and insurers. – If you plan to sell or refinance, provide the recorded affidavit/deed and certified death certificate to the buyer’s or lender’s title company.

When probate or a court action is needed

Recording a survivorship affidavit only works if title actually contained survivorship language and the survivorship right is valid. Situations that commonly require probate or court involvement include:

The deed did not create survivorship (for example, tenants in common).
All named co-owners are deceased (no surviving joint tenant).
There is a dispute among heirs or question about which instrument controls.
The deed is ambiguous, forged, or otherwise defective.

When probate is required, the decedent’s interest passes through the estate and the personal representative (executor) may need to transfer title using the probate process. For guidance on probate procedure see the Georgia Courts site: https://www.georgiacourts.gov/.

Common problems and how to handle them

County won’t accept affidavit form: Ask the clerk what language or form they require. Some counties supply a form; others accept a custom affidavit prepared by an attorney or title company.
Mortgage or lien still on file: Mortgages survive death. If a loan exists, contact the lender—survivorship does not eliminate indebtedness. The lender may require payoff, refinance, or assume qualifications.
Title company refuses to insure: If the title company wants additional proof, consider ordering an updated title search and, if needed, a reissue or bringing a quiet-title action.

When to get professional help

Consider hiring a Georgia real property attorney or a title company if any of the following apply: multiple deceased co-owners, ambiguous deed language, competing heirs, existing liens or mortgages, potential tax issues, or when you are uncomfortable preparing the affidavit or deed yourself. A local attorney can prepare a proper affidavit or deed and ensure the document meets county recording requirements.

Practical timeline and costs (typical)

Obtaining certified death certificate(s): days to 2–3 weeks (depending on state/county processing and ordering method).
Preparing affidavit or deed: same day to a few days if using an attorney or title company.
Recording at the clerk’s office: usually same day to a few days; pay county recording fees (varies by county) and any transfer-affidavit fees.

Key contacts

Clerk of Superior Court in the property’s county (recording office)
Georgia Department of Public Health – Vital Records for death certificates: https://dph.georgia.gov/VitalRecords
Local title company (for title search and insurance)

Disclaimer

This article is informational only and is not legal advice. I am not a lawyer. Rules and procedures vary by county and specific factual situations. For advice tailored to your case, consult a licensed Georgia attorney or a title professional before recording documents or taking other actions that affect real property.

Helpful Hints

Always order certified death certificates (official copies) rather than relying on photocopies.
Start by pulling a copy of the recorded deed from the county recorder to verify exact wording and legal description.
Contact the county clerk of superior court ahead of time to confirm their affidavit format, fee schedule, and any local requirements.
If there is any mortgage on the property, notify the lender—survivorship does not cancel mortgage obligations.
If you plan to sell or refinance soon, involve a title company early so they can clear title and tell you what documents they will require.
Keep recorded originals and certified death certificates in a safe place; you will need them if you sell, refinance, or insure the property.
If more than one co-owner died and the chain of survivorship is unclear, get a title search before recording to make sure there are no surprises.