Second-home owners, people who have already moved and buyers on a work trip all ask the same thing: do I have to be there? The honest answer has two parts. Georgia’s rules allow more flexibility than many people expect, and your closing attorney and lender still decide how your closing runs.
What the State Bar of Georgia says
The State Bar’s 2025 opinion and its status
- The State Bar opinion notes that neither Georgia statutes nor the Rules of Professional Conduct require all parties to meet in person to transfer title, though an in-person closing has been customary. State Bar of Georgia, Formal Advisory Opinion No. 23-1 (issued Jan. 23, 2025; Supreme Court Docket No. S25U1154), PDF, checked 2026-10-19
- A 2025 State Bar of Georgia formal advisory opinion says a lawyer can conduct a real estate closing by video conference, as long as the lawyer controls the closing process from beginning to end. State Bar of Georgia, Formal Advisory Opinion No. 23-1 (issued Jan. 23, 2025; Supreme Court Docket No. S25U1154), PDF, checked 2026-10-19
- The Supreme Court of Georgia denied review of Formal Advisory Opinion 23-1 on July 1, 2025, so the opinion binds the requester and the State Bar and is persuasive authority for the Court. State Bar of Georgia, Formal Advisory Opinion No. 23-1 (issued Jan. 23, 2025; Supreme Court Docket No. S25U1154), PDF, checked 2026-10-19
- State Bar of Georgia guidance requires the lawyer in every real estate transaction to control the closing process from beginning to end, consistent with Formal Advisory Opinion 13-1. State Bar of Georgia, Formal Advisory Opinion No. 23-1 (issued Jan. 23, 2025; Supreme Court Docket No. S25U1154), PDF, checked 2026-10-19
Read the opinion itself: Formal Advisory Opinion 23-1 (PDF). Two limits matter. The opinion is about how the lawyer conducts the closing; it does not require any office or lender to offer video closings. And it keeps the attorney in control the whole way through.
What still has to happen on paper
Wherever you sign, a Georgia deed has signing requirements of its own, and a notary cannot stand in for the attorney.
Signing rules that do not change
- A Georgia deed to land must be in writing, signed by the maker, attested by an officer (such as a notary) and attested by one other witness. O.C.G.A. 44-5-30 (2024 Georgia Code), Justia page via Internet Archive capture of 2025-05-12 (also matches FindLaw text), checked 2026-10-19
- The Court declined to allow 'witness-only' closings, where a notary or signing agent presides over the signing while claiming to act only as a witness. Supreme Court of Georgia, In re UPL Advisory Opinion 2003-2, 277 Ga. 472 (2003), opinion text (PDF) hosted by the State Bar of Georgia, checked 2026-10-19
If you are signing away from the closing table, ask the attorney’s office how it arranges the officer and the witness, how the originals get back to it, and what the deadline is for them to arrive.
Signing by power of attorney
We did not find an official source we could cite on how Georgia closing offices and lenders handle powers of attorney, so this page does not summarize the rules. What we can say plainly:
- Send the power of attorney to the closing attorney and the lender well before closing, and ask whether each will accept it.
- Do not assume a general form will work for a real estate closing. A Georgia attorney can tell you what you need.
- This guide does not supply power of attorney forms or advise on drafting one.
What we could not confirm
We have not confirmed Georgia’s current rules on remote online notarization or on fully electronic closings from an official source, so we leave them out. If an office offers either, ask it to explain the process and who must be where.
If you are selling from out of state
Signing remotely does not change the tax side of the sale. Georgia has a withholding rule for sellers who do not live here.
When a nonresident of Georgia sells Georgia real property, the buyer generally must withhold 3 percent of the purchase price and send it to the Georgia Department of Revenue. (O.C.G.A. 48-7-128 (2025 Georgia Code), via Justia, checked 2026-10-19)
Nonresident seller withholding explains the affidavits and exemptions.
Remote closings and wire fraud
A closing handled by email and video gives scammers more chances to pose as the closing office.
Before you send or expect money
- The CFPB warns that days before closing, scammers email buyers posing as their agent with last-minute changes to wiring instructions, and stolen funds can be very hard to recover. CFPB, 'Buying a home? Beware of mortgage closing scams' one-page handout (PDF), checked 2026-10-19
- The CFPB says not to use phone numbers or links from an email, and to confirm with your trusted contacts using only the numbers you saved. CFPB, 'Buying a home? Beware of mortgage closing scams' one-page handout (PDF), checked 2026-10-19
Questions buyers ask
Does the seller have to be present at closing in Georgia?
Not necessarily. The State Bar notes that neither Georgia statutes nor the Rules of Professional Conduct require all parties to meet in person to transfer title, though an in-person closing has been customary. Ask your closing attorney how yours will run.
Can a Georgia closing be done by video?
A 2025 State Bar of Georgia formal advisory opinion says a lawyer can conduct a real estate closing by video conference, as long as the lawyer controls the closing process from beginning to end.
Is the State Bar’s video-closing opinion binding?
The Supreme Court of Georgia denied review of Formal Advisory Opinion 23-1 on July 1, 2025, so it binds the requester and the State Bar and is persuasive authority for the Court.
Can a mobile notary handle my closing instead of an attorney?
No. The Supreme Court of Georgia declined to allow witness-only closings, where a notary or signing agent presides over the signing while claiming to act only as a witness.
Education, not legal advice. Statutes, fees and forms change; every rule on this page links to the law or office that sets it. Your closing attorney and your contract decide what applies to your closing.
