Real estate professionals spend their careers helping clients buy and sell property, but many agents only encounter the legal side of deeds when a transaction hits an unexpected roadblock. During Episode 59 of the Business Builder Series, Doug Dean, Owner and Managing Partner of Shafritz & Dean, walked Realtors through the different types of deeds they’ll encounter, how they affect closings, and—most importantly—how agents can identify potential issues before they become closing-day surprises.

From Georgia’s relatively new Transfer on Death Deed to warranty deeds, quitclaim deeds, trusts, probate, and LLC ownership, the session emphasized one simple truth: understanding deeds doesn’t mean practicing law—it means recognizing potential issues early and connecting clients with the right legal professionals.

Why Deeds Matter

A deed is much more than paperwork signed at closing. It is the legal instrument that transfers ownership of real property from one party to another.

The type of deed used can impact:

• Whether title can be transferred
• Probate and estate planning
• Financing eligibility
• Future resale of the property
• Title insurance claims
• Closing timelines

A single mistake in a deed can delay—or even derail—a real estate transaction.

Understanding the Most Common Types of Deeds

Doug reviewed several deeds that Realtors regularly encounter:

Transfer on Death (TOD) Deed

One of the newest tools available in Georgia, the Transfer on Death Deed allows property owners to designate who will inherit the property upon their death while maintaining complete ownership and control during their lifetime.

Benefits include:

• Avoiding probate
• Remaining in full control of the property
• Revoking or changing beneficiaries at any time
• Keeping beneficiaries from obtaining ownership rights until the owner’s death

While it’s an excellent estate planning tool for many homeowners, Doug emphasized that every situation is different and clients should always consult an attorney before creating one.

Limited Warranty Deed

Today’s standard deed in most Georgia residential transactions, the Limited Warranty Deed guarantees title only for defects arising during the seller’s ownership.

Although buyers often focus on the type of warranty, Doug reminded attendees that owner’s title insurance is ultimately the strongest protection against title defects.

Quitclaim Deed

Despite the common mispronunciation as a “quick claim deed,” a Quitclaim Deed simply transfers whatever ownership interest a person may have—without guaranteeing that they actually own the property.

Common uses include:

• Divorce settlements
• Clearing title issues
• Family transfers
• Estate matters

However, using a quitclaim deed when a warranty deed is more appropriate can unintentionally weaken the chain of title.

Probate, Trusts, and Other Special Situations

Many transactions involve much more than a traditional seller.

Doug discussed deeds involving:

• Executors
• Administrators
• Trustees
• Conservators
• Guardians
• LLCs and corporations

Each comes with unique documentation requirements, court approvals, or authority questions that should be addressed early in the transaction.

For example, if a property is owned by a trust, the closing attorney will typically need to review either the trust documents or a trust certification before closing can proceed.

Likewise, if an LLC owns the property, agents should verify that the individual signing actually has authority under the company’s operating agreement or corporate resolutions.

Common Red Flags Realtors Should Recognize

One of the most practical sections of the presentation focused on issues agents can identify long before closing.

Doug encouraged Realtors to watch for:

• Unrecorded deeds
• Recently deceased owners
• Pending probate
• Homemade “kitchen table” deeds
• Missing spouses on title
• Trust-owned property
• LLC ownership confusion
• Name discrepancies
• Incomplete divorce transfers

Identifying these concerns early gives the closing attorney more time to resolve them and helps avoid last-minute delays.

Three Key Takeaways

1. The Earlier Title Issues Are Identified, the Easier They Are to Solve

Many closing delays happen because ownership questions aren’t discovered until the title search begins. Realtors who ask the right questions upfront can help keep transactions moving smoothly.

2. Owner’s Title Insurance Is the Buyer’s Best Protection

While warranty deeds provide certain guarantees, Doug emphasized that title insurance offers significantly stronger protection against unforeseen title defects. Buyers should understand the value of protecting their ownership long after closing.

3. Realtors Don’t Need to Be Attorneys—They Need to Know When to Call One

Perhaps the most important message of the presentation was that Realtors should never attempt to interpret legal documents or provide legal advice. Instead, successful agents recognize potential issues early, educate clients on the importance of legal guidance, and involve the closing attorney before small problems become major obstacles.

Helping Everyone Walk Away Happy

Every deed tells the story of how ownership changes hands. Understanding those stories allows Realtors to better prepare clients, anticipate potential title issues, and create smoother closings.

Whether a transaction involves a traditional sale, a trust, probate, an LLC, or Georgia’s new Transfer on Death Deed, early communication between the Realtor and the closing attorney is one of the most valuable steps in ensuring a successful closing.

At Shafritz & Dean, our team works alongside Realtors every day to resolve complex title issues, answer legal questions, and guide transactions from contract to closing with confidence.

Because when everyone works together, Everyone Walks Away Happy®.