Georgia is an attorney-closing state. The Supreme Court of Georgia ruled in 2003 that closing a real estate deal is the practice of law. Only a licensed Georgia attorney may conduct it, and the attorney has to be physically present. A notary or signing agent can't run your closing alone. Buyers and sellers should plan around that.

What did the Georgia Supreme Court decide?

The case is In re UPL Advisory Opinion 2003-2, decided November 10, 2003. The court approved an opinion from the State Bar's Standing Committee on the Unlicensed Practice of Law. Its main points:

• Preparing or facilitating the execution of a deed of conveyance is the practice of law. That includes warranty deeds, quitclaim deeds and security deeds, which is what Georgia calls a mortgage.
• Only a licensed Georgia attorney can do this for someone else.
• The attorney has to be physically present at the closing and can't just review documents remotely while a non-lawyer handles the signing.
• Closings run by notaries or signing services as "witness only" closings, without a Georgia attorney present, aren't allowed.

The court tied this to Georgia's statute on unauthorized practice of law, O.C.G.A. 15-19-50. It also pointed out that Georgia attorneys answer to malpractice claims and bar discipline, which protects the public.

Who does the closing attorney work for?

This trips up a lot of first-time buyers. In many Georgia closings, the closing attorney is hired by the lender or selected under the purchase contract. That attorney's job is to make sure the deal closes correctly: title is searched, documents are right, money moves properly and the deed and security deed are recorded.

That isn't the same as being your personal lawyer. Ask the closing firm who its client is. If you want someone looking out only for you, for example to review a contract or a tricky title issue, you can hire your own Georgia real estate attorney. Sellers can do the same. A seller's attorney can help with things like clearing an old lien, handling an estate sale or reviewing a contract before signing.

What does the closing attorney actually do?

The exact tasks vary, but a typical Georgia closing firm will:

• Order a title search and point out liens, easements or other problems.
• Coordinate title insurance for the lender and, if you buy it, for you as owner.
• Prepare or review the deed, the settlement statement and lender documents.
• Collect and pay out funds, including loan payoffs, commissions and taxes.
• Oversee signing and make sure documents are properly witnessed.
• Record the deed and security deed with the county clerk of superior court.

Can you close on your own deal without a lawyer?

The court's opinion is about people doing this work for others. Parties can still handle their own transactions pro se, meaning on their own behalf. In practice, though, most buyers use a lender, and lenders require a Georgia attorney closing. Doing it yourself is uncommon and risky unless you really know title and recording rules.

How can buyers and sellers prepare?

A smoother Georgia closing usually comes down to a few habits:

• Ask early who the closing attorney is and get their contact information from your agent or lender.
• Confirm wire instructions by phone using a number you looked up yourself. Wire fraud schemes often target closings with fake emails.
• Review the settlement statement a few days before closing and ask questions about any fee you don't recognize.
• Bring a government photo ID and any funds in the form the attorney asks for.
• Ask about owner's title insurance. The lender's policy protects the lender, not you.

What does a Georgia closing cost?

Closing attorney fees aren't set by the state. They vary by firm, county and whether you're buying, selling or refinancing. On a purchase you'll also usually see:

• Title search and title insurance premiums.
• Recording fees charged by the county clerk.
• Georgia's real estate transfer tax, which the seller owes unless the contract shifts it.
• Georgia's intangible recording tax on a new home loan, which the lender can pass on to the borrower.

Your Loan Estimate and Closing Disclosure list these line by line. Compare them, and ask the closing firm about anything that changed between the two.

What about remote or mobile closings?

If you can't attend in person, ask the closing firm what it allows. A Georgia attorney still has to supervise the closing. Out-of-state sellers sometimes sign some documents elsewhere, but the rules for witnessing and recording deeds in Georgia are strict. Let the attorney's office set this up rather than hiring a signing service on your own.

FAQ

Does Georgia require an attorney at closing?

Yes. The Supreme Court of Georgia held in 2003 that a licensed Georgia attorney must conduct the closing and be physically present.

Can a notary run my Georgia closing?

Not on their own. Witness-only closings by notaries or signing agents without a Georgia attorney present aren't allowed.

Is the closing attorney my lawyer?

Not always. The closing attorney often represents the lender or the transaction. Ask who the client is, and hire your own attorney if you want personal advice.

What's a security deed in Georgia?

It's the document that secures your home loan, similar to a mortgage in other states. It's recorded with the county along with your deed.

Next step

Once you're under contract, talk with a licensed local agent about which closing attorney is handling your file. Ask for the firm's direct phone number so you can confirm wire instructions and closing details yourself.

Sources: In re UPL Advisory Opinion 2003-2, 277 Ga. 472 (2003) (Justia).

Georgia's floating homestead exemption limits how much your home's assessed value can rise each year to roughly the rate of inflation. House Bill 581 created it in 2024 but let local governments opt out. Senate Bill 33, signed in 2026, removes that choice, so the exemption applies statewide starting January 1, 2027.

What does the floating homestead exemption do?

It doesn't freeze your tax bill. It caps the yearly growth in the taxable value of your homestead. If the market value of your home jumps 10% but inflation was 2.7%, the increase in your assessed value that counts for tax is limited to about 2.7%. The rest is exempt.

A few details matter:

• It's about assessed value, not millage. Your bill can still go up if your county, city or school system raises its tax rate.
• Improvements are added. If you build an addition or make another "substantial property change," that value is added to your base.
• It follows the homestead. You need a homestead exemption on the property for the floating exemption to apply.

How was it set up under HB 581?

House Bill 581, passed in 2024, created the statewide floating exemption. For homes that got it in 2025, the base year was the 2024 assessed value. In practice, a qualifying home's taxable value didn't rise from 2024 to 2025, apart from improvements.

The law gave each county, city and school district a window to opt out, and many did, especially school systems. That's why neighbors in different parts of the state saw very different results.

How is the inflation cap set?

The Georgia Department of Revenue publishes the inflation rate each year. It uses the change in the Consumer Price Index for All Urban Consumers, U.S. city average, as reported by the federal Bureau of Labor Statistics for December of the prior year.

For the 2026 digest year, DOR set the rate at 2.7%. It announced that rate in a policy bulletin dated January 13, 2026.

What did SB 33 change in 2026?

Senate Bill 33, the Homeownership Opportunity and Market Equalization Act of 2026, was signed May 11, 2026. DOR's summary for local tax officials highlights these points:

• The opt-out is gone. The floating exemption becomes mandatory for every jurisdiction.
• Statewide start date. The statewide version applies January 1, 2027, using 2026 values as the baseline.
• A clearer cap. Each year's increase to the adjusted base can't exceed the previous adjusted base times the inflation rate.
• No back bills for county mistakes. If a homestead exemption was mistakenly applied and it wasn't due to fraud or intentional misrepresentation by the taxpayer, the tax office can't retroactively bill the difference.

The law also creates a new local option sales tax for property tax relief starting in 2028, which counties could use to lower homestead taxes further.

What does this mean if you're buying?

The cap protects the owner who holds the homestead exemption. When you buy, your base year is generally tied to the assessed value from the year before your exemption is first granted. So:

• Don't assume the seller's tax bill is what you'll pay. Their base may be years old.
• File your homestead exemption by April 1 of the first year you own and live in the home on January 1.
• Ask your county what your base year will be and when it applies.

What does this mean if you're selling?

Your own protection ends when you sell. If you're moving within Georgia, your next home's base starts fresh under the rules for a new applicant. Factor that into your budget if you're trading up in a fast-rising area.

How does this fit with older local freezes?

Before HB 581, dozens of Georgia counties and cities had already passed their own homestead freezes by local law. Those didn't go away. DOR's homestead page still lists jurisdictions such as Fulton, Cobb, DeKalb, Gwinnett and Chatham with valuation freezes. Where a local exemption is more generous than the statewide floating one, ask your tax commissioner which one applies to each line of your bill.

What should homeowners check now?

• Your assessment notice. It should show your assessed value and exemptions. If something looks wrong, you generally have 45 days from the notice's mailing date to appeal.
• Your exemption codes. DOR notes counties are moving from a local version to the statewide version in 2027, so codes on your notice may change.
• Local exemptions. Some counties already had their own freeze, which may still be more generous.

FAQ

Is Georgia's floating homestead exemption mandatory now?

Under SB 33, yes. DOR says the opt-out was removed and the statewide floating exemption applies January 1, 2027.

What inflation rate did Georgia use for 2026?

2.7%, based on the December 2025 change in the CPI-U, as published by DOR on January 13, 2026.

Does the floating exemption freeze my tax bill?

No. It caps growth in your assessed value. Your bill can still change if local tax rates change or you add improvements.

Do I need to apply for the floating exemption?

You need a homestead exemption on the home. Owners who already have one are generally carried forward, but new buyers must apply.

Next step

Before you make an offer or list your home, talk with a licensed local agent about how the floating exemption and any local freeze affect taxes at that address. Confirm the details with your county tax commissioner.

Sources: Georgia DOR, floating homestead exemption overview; Georgia DOR Policy Bulletin 2026-01, annual inflationary index rate; Georgia SB 33 (2026), signed legislation; Georgia DOR, 2026 legislative caveat.

If you think your Georgia home is valued too high, you have 45 days from the date your annual assessment notice was mailed to file a written appeal. You file with your county Board of Tax Assessors and pick how the appeal will be heard. Miss that window and you usually wait until next year's notice.

What does the assessment notice tell you?

Every year, the county board of tax assessors mails an assessment notice for real property. It shows the fair market value the county set as of January 1, the assessed value, which is 40% of fair market value, and an estimate of your taxes.

It also explains how to appeal and gives the deadline. The 45 days start from the mailing date printed on the notice, not the day you open it.

What can you appeal?

The Georgia Department of Revenue says an appeal can be based on:

• Value. The county's number is higher than what your home would sell for.
• Uniformity. Similar homes nearby are assessed lower than yours.
• Taxability. The property, or part of it, shouldn't be taxed.
• Denial of an exemption. For example, your homestead exemption wasn't applied.

Most homeowner appeals are about value.

How do you file the appeal?

File in writing with the county Board of Tax Assessors. Georgia has a uniform appeal form, PT-311A, and many counties accept it online. Some counties will take email filings if they've adopted a written policy allowing it.

On the form, you have to pick one of three ways to have the appeal heard:

• County Board of Equalization. A local board of residents hears the case. This is the most common choice for homeowners and can cover value, uniformity, taxability and exemption denials.
• Arbitration. Limited to value disputes. The form warns that extra costs or fees may apply.
• Hearing officer. Only for non-homestead real property, or wireless personal property, worth more than $500,000, and only on value and uniformity. That rules out a typical family home.

The form also lets you go straight to superior court, but only if the Board of Tax Assessors consents. Each path still allows a later appeal to superior court.

Pick carefully. Your choice shapes the process from there.

What does the PT-311A form ask for?

It's a one-page form, but a few parts matter:

• Your value. The form requires the owner's value assertion, which is the number you think is right. Have it backed by evidence.
• Grounds. Check every ground that applies, like value and uniformity.
• Property ID. Copy the parcel number exactly from your notice.
• Agent letter. If someone files for you, include a signed letter authorizing them.

The form also warns that filing triggers a review, and county appraisal staff may inspect the property on site. Clean up anything you don't want misread, and point out real defects.

What evidence helps the most?

Think like an appraiser. The question is what a willing buyer would have paid on January 1.

• Recent sales of similar homes near you, ideally close to January 1, with similar size, age and condition.
• Photos and repair estimates showing problems the county may not know about, like a failing roof or foundation issues.
• A recent appraisal, for example from a refinance or purchase.
• Your closing statement, if you bought recently in an arm's-length sale.
• Errors in the county record, like wrong square footage, an extra bathroom that doesn't exist or a finished basement that's actually unfinished.

Get a copy of your property record card from the assessor's office or website and check every line.

What happens after you file?

The assessors' office usually reviews the appeal first. It may send you a revised value. If you accept, the appeal can end there. If you don't, the appeal moves to the hearing method you chose.

At the hearing, be brief and organized. Bring copies of your evidence for each board member. Stick to value and comparable sales rather than how much your taxes went up.

Do you still have to pay while the appeal is pending?

Yes. Taxes in most counties are due around December 20, and DOR says taxpayers have 60 days from the billing date to pay. If your appeal is still open, many counties bill a temporary amount and adjust it later. Ask your tax commissioner how they handle it.

Keep in mind that the person who owned the property on January 1 owes the tax for the whole year. Georgia doesn't refund partial years when you sell.

Should you hire someone to appeal for you?

You don't have to. Many homeowners handle a straightforward value appeal on their own with a few good comparable sales. Tax consultants and attorneys also take these cases, sometimes for a share of the savings. If you hire one, get the fee in writing and make sure they file the agent authorization letter the form requires.

FAQ

How long do I have to appeal my Georgia property assessment?

45 days from the date the assessment notice was mailed.

Where do I file a Georgia property tax appeal?

With your county Board of Tax Assessors, usually on Form PT-311A. Many counties accept online filings.

Can I appeal my taxes because the rate went up?

Not through an assessment appeal. Appeals cover value, uniformity, taxability and exemption denials. Tax rates are set by local governments.

What's the best evidence for a value appeal?

Recent sales of similar nearby homes, a current appraisal and proof of condition issues the county may have missed.

Next step

When your notice arrives, talk with a licensed local agent about recent sales near you. A short list of good comparable sales is often the strongest part of a homeowner's appeal.

Sources: Georgia DOR, property tax FAQ; Georgia DOR, PT-311A appeal of assessment form.

Georgia charges two state taxes at most home closings. The real estate transfer tax is $1 for the first $1,000 of the sale price plus 10 cents for each additional $100, and the seller is liable unless the contract says otherwise. The intangible recording tax is $1.50 per $500 of a new loan, capped at $25,000.

How is the Georgia transfer tax calculated?

The Georgia Department of Revenue explains it this way. The tax is based on the sale price at:

• $1 for the first $1,000, or any part of $1,000.
• 10 cents for each additional $100, or any part of $100.

That works out to about $1 per $1,000 of price. Here's a rough example. On a $400,000 sale, the first $1,000 costs $1. The remaining $399,000 is 3,990 units of $100, at 10 cents each, which is $399. The total is $400.

The tax has to be paid before the deed can be recorded with the clerk of superior court. Once it's paid, the clerk attaches a certification to the deed.

Who pays the transfer tax?

By law, the seller is liable. DOR notes that buyers and sellers often agree in the sales contract to shift it, so check your contract. In practice, many Georgia contracts leave it with the seller, but there's no rule that says it has to stay there.

What is the PT-61 form?

Every deed transfer needs a Real Estate Transfer Tax Declaration, Form PT-61. It's filed electronically through the Georgia Superior Court Clerks' Cooperative Authority, or GSCCCA. Your closing attorney usually handles it. The form reports the sale price and parties, so the county has an accurate record of what sold and for how much.

Questions about whether a transfer is taxable or exempt go to the clerk of superior court in the county. GSCCCA handles questions about the electronic filing itself.

How is the intangible recording tax calculated?

This tax applies to long-term notes secured by Georgia real estate, which covers most home loans. DOR lists the rate as:

• $1.50 for each $500, or part of $500, of the note's face amount.
• A maximum of $25,000 on any single note.

That's $3 per $1,000 borrowed. On a $320,000 loan, the tax is $960. You'd only hit the $25,000 cap on a loan of more than $8 million or so.

Who pays the intangible recording tax?

The holder of the note, meaning the lender, owes it. DOR says the lender can pass the tax on to the borrower, and it can't be treated as a finance charge. That's why it usually shows up on the buyer's side of the closing statement.

The lender must record the security instrument in the county where the property sits within 90 days of signing. Failure to pay brings a 50% penalty plus interest of 1% a month. In most counties, the clerk of superior court collects the tax. In some smaller counties, the tax commissioner or tax collector does.

What does it look like on a real closing?

Say you're buying a $350,000 home in Gwinnett County with a $315,000 loan, and your contract leaves the transfer tax with the seller.

• Seller's side: transfer tax of $1 for the first $1,000, plus $349 for the remaining $349,000, for a total of $350.
• Buyer's side: intangible recording tax of $1.50 for each of the 630 units of $500 in the loan, for a total of $945.

On top of those, you'll see county recording fees for the deed and security deed. Those are separate charges and aren't part of either tax.

Are some transfers exempt?

Georgia law treats some transfers differently, and the clerk of superior court in the county decides questions about whether a transfer is taxable or exempt. If you're adding a spouse to a deed, moving property into a trust or receiving a home as a gift, ask your closing attorney or the clerk before you assume a tax is or isn't due.

Does a refinance trigger these taxes?

A refinance usually doesn't involve a deed transfer, so there's typically no transfer tax. A new loan generally does trigger the intangible recording tax, though there are rules for modifications and refinances of existing notes. Ask your closing attorney how your loan will be treated, since that can change the number.

How do you budget for these at closing?

• Buyers: Expect the intangible recording tax on your loan in your Loan Estimate and Closing Disclosure. If you're paying cash, there's no loan and no intangible tax.
• Sellers: Plan for the transfer tax, about $1 per $1,000 of price, unless your contract shifts it to the buyer.
• Both: Ask your closing attorney for an estimate early and compare it with the final settlement statement.

These two taxes are usually small next to commissions and lender fees. Still, they're easy to check, and errors in the price or loan amount on a draft statement do happen.

FAQ

How much is the transfer tax on a Georgia home sale?

$1 for the first $1,000 of the sale price plus 10 cents for each additional $100, or about $1 per $1,000.

Who pays transfer tax in Georgia?

The seller is liable under the law, but the contract can shift it to the buyer.

How much is Georgia's intangible recording tax?

$1.50 for each $500 of the loan, or $3 per $1,000, with a maximum of $25,000 per note.

Can my lender charge me the intangible recording tax?

Yes. The lender owes it, but DOR says it can pass the tax on to the borrower.

Next step

Once you have a contract and a loan amount, talk with a licensed local agent about your estimated closing costs. Ask the closing attorney to confirm the transfer tax and intangible tax figures before closing day.

Sources: Georgia DOR, real estate transfer tax; Georgia DOR, intangible recording tax; GSCCCA, PT-61 e-filing help.