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In Georgia, to create a joint tenancy with right of survivorship, the deed must:

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Question & Answer

Review the question and all answer choices

A

Be notarized

While notarization is a standard requirement for all valid deeds in Georgia, it merely authenticates the signatures and doesn't establish any particular type of ownership or survivorship rights. Notarization alone cannot create or imply a right of survivorship.

B

Specifically state the intent to create survivorship

Correct Answer
C

Be approved by a court

Court approval is not required for creating a joint tenancy with right of survivorship in Georgia. This would typically only be necessary in contested estate matters or special circumstances not related to standard property transfers.

D

Include all four unities

While the four unities (time, title, interest, and possession) are necessary elements for creating any joint tenancy, they alone do not establish a right of survivorship in Georgia. The state requires additional explicit language in the deed beyond meeting these four requirements.

Why is this correct?

Georgia law specifically requires explicit language in the deed stating the intent to create a right of survivorship. This statutory requirement means simply naming joint owners isn't sufficient; the deed must contain clear language indicating that upon one owner's death, their interest will automatically pass to the surviving joint tenant(s).

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