Georgia isn’t just known for its peaches and southern hospitality; it’s also a dynamic state for real estate, with the international hub of Atlanta, charming towns across the Piedmont, and scenic coastal communities near Savannah.
Whether you’re investing in a booming metro area or settling into a quiet stretch of the Georgia coast, there’s one crucial step before closing the deal: understanding how property title searches work in Georgia.
What Are the Search Requirements in Georgia?
In Georgia, property title search requirements are designed to uncover any existing claims, liens, or ownership disputes before a real estate transaction is finalized.
Whether you’re purchasing a single-family home in Atlanta or investing in commercial property in Savannah, a thorough title search is essential to ensure clear ownership and avoid legal complications.
Typically, title searches in Georgia go back 50 years or more to establish a clean chain of title and identify any encumbrances that could affect the property’s value, usability, or marketability.
Here are a few important considerations when conducting property title searches in Georgia:
- State and federal tax liens: State tax liens are enforceable for 10 years. Federal tax liens are valid for 10 years and 30 days.
- Mechanics liens: Often filed by contractors or suppliers, mechanics liens have a 1-year enforceability period.
- UCC filings: Short for Uniform Commercial Code filing, these financing statements generally last for five years unless continued.
- Homeowners association (HOA) liens: HOA liens can impact a title for up to 10 years.
- Judgments: Civil judgments are effective for seven years, while judgments in favor of Georgia or the federal government are enforceable for up to 20 years.
Marriage & Divorce Law in Georgia
Georgia does not recognise dower rights, homestead protection, or community property laws.
Instead, Georgia follows the principle of equitable distribution, meaning that in a divorce, marital property (assets acquired during the marriage such as homes, vehicles, savings, and retirement accounts) is divided fairly, though not necessarily equally.
Divorce proceedings are filed with the Clerk of the Superior Court in the county where at least one spouse has resided for six months or more. Divorces can be either contested, requiring court intervention, or uncontested, where both parties agree on terms such as asset division and custody.
Importantly, Georgia does not automatically split property 50/50; instead, courts consider factors like each spouse’s financial contribution, earning capacity, and future needs when determining a fair distribution.
Searches and Title Issuance
In Georgia, property title searches and title issuance are closely regulated and require the involvement of a licensed attorney.
The State Bar of Georgia mandates that a Georgia attorney must be physically present for the preparation and execution of any deed of conveyance, whether it’s a warranty deed, quitclaim deed, or security deed (also known as a deed to secure debt, which is the standard security instrument used in the state).
Attorneys are also responsible for issuing title insurance policies and managing related forms.
Georgia does not recognize tenancy by the entirety or community property, but it does recognize joint tenancy with rights of survivorship, joint tenants, and tenants in common.
Importantly, a non-title holding spouse is not required to sign deeds or security instruments, because civil unions and community property concepts are not recognized under Georgia law. Property taxes (ad valorem) become a lien on land as of January 1st each year and remain until paid, though billing and due dates vary by locality.
While mortgages are legally permitted, the use of a security deed remains the predominant method of securing real estate loans in Georgia, and deeds of trust are not used.
Probate Law in Georgia
In Georgia, the transfer of real property after death depends largely on how the property is titled. If a property is held as Joint Tenancy with Right of Survivorship, it bypasses probate and automatically transfers to the surviving co-owner.
However, if the property is part of the deceased’s probate estate, the personal representative (executor or administrator) must first ensure that all estate debts and creditors are paid before the property can be distributed or transferred.
When selling, leasing, or otherwise disposing of real estate from the estate, the representative must file a petition with the probate court, which then issues a citation and provides notice to the heirs or beneficiaries.
Georgia does not impose a state estate tax, though federal estate taxes may still apply depending on the estate’s value.
The process of probate in Georgia has no statutory time limit and may take anywhere from several months to several years, depending on factors such as the size of the estate, number of heirs, outstanding debts, and any legal disputes.
Navigate Georgia Real Estate with Total Clarity
Traversing through Georgia title searches doesn’t have to feel like working through courthouse stacks on your own.
At Pippin Title, we simplify the title search process across Georgia, whether you’re managing a single transaction in Savannah or overseeing a statewide portfolio.
Our platform blends smart search technology with a network of Georgia-savvy professionals to deliver fast, accurate, commitment-ready reports. Each title order is carefully reviewed to ensure compliance with Georgia’s attorney-driven closing requirements, so you can move forward with confidence.
Track every order through your customized portal, giving you full visibility from submission to final delivery.
Ready to close smoothly in the Peach State? Get in touch with us today.
Frequently Asked Questions
1. How far back does a title search need to go in Georgia?
In Georgia, a standard title search typically goes back at least 50 years to establish a clear chain of title and ensure there are no hidden liens, easements, or encumbrances that could affect ownership rights. This is essential for both residential and commercial transactions to verify marketability.
Pippin Title uses advanced technology and local expertise to deliver comprehensive title searches that meet Georgia’s standards. We ensure every report uncovers necessary history so you can proceed with confidence, on time, and without surprises.
2. Who is legally allowed to conduct or close a real estate transaction in Georgia?
In Georgia, only a licensed Georgia attorney can prepare and execute documents such as deeds and oversee real estate closings. It’s considered the unauthorized practice of law for non-attorneys to handle these tasks.
We partner with attorney networks across Georgia and streamline the title search process so attorneys can focus on closing while we handle the research. Our commitment-ready reports are fully compliant and attorney-ready for smooth closings.
3. What’s the difference between a mortgage and a security deed in Georgia?
Unlike many states that use mortgages or deeds of trust, Georgia typically uses a security deed (also called a deed to secure debt) as the primary real estate financing instrument. This deed gives the lender legal title until the debt is repaid.
Pippin title reports clearly identify the type of security instrument recorded on the property and highlight any associated liens. This helps both lenders and borrowers stay informed and protected during underwriting or refinance processes.
4. How do property taxes affect a title search in Georgia?
Property taxes in Georgia become a lien on January 1st each year and must be accounted for during the title search. Since tax due dates vary by county, it’s essential to confirm the tax status to avoid surprises at closing.
Pippin Title tracks down tax records across all Georgia counties and includes verified tax status in our title reports. We reduce the burden on your team by consolidating this fragmented information into one clear, actionable format.
5. What happens if a property is inherited? Does it affect the title?
Yes. In Georgia, inherited properties often go through probate unless titled with right of survivorship. If the estate has unresolved creditor claims or missing probate filings, the title may be clouded and require legal resolution before sale.
Pippin title search process detects potential probate issues and flags any gaps in the chain of ownership. We work closely with legal teams to support clean title clearance, minimizing delays and helping you avoid costly setbacks.
