Can a title company close a real estate transaction in Georgia instead of an attorney?

No. The Supreme Court of Georgia has held that only a duly licensed Georgia attorney may prepare or facilitate the execution of a deed of conveyance, and that this responsibility cannot be delegated to a non-lawyer, such as a title company employee or an escrow officer.

Does the attorney work for the buyer or the lender?

The closing attorney in a Georgia transaction primarily represents the lender. Buyers and sellers can separately hire their own attorney for independent representation in the same transaction.

Is this the same rule as in Texas, Florida, or New Mexico?

No. Those states regulate how title insurance premiums are calculated but do not require an attorney to conduct the closing itself. Georgia’s defining rule is about who is legally allowed to close the transaction, not how the premium is priced.

Title Insurance in Georgia: The Attorney-Closing Rule

Q: How do I check whether a Georgia title insurance agent is actually licensed?

The Georgia Office of Commissioner of Insurance and Safety Fire (OCI) licenses insurance agents and agencies, including those transacting title insurance business, and publishes a public License Lookup tool so consumers can verify licensing status directly.

Georgia stands apart from many states in one specific way: a licensed Georgia attorney must conduct the real estate closing. A title company can still search the title, issue the title insurance policy, and handle much of the paperwork — but the deed itself has to be prepared and its execution facilitated by an attorney. Here is what that rule actually requires, where it comes from, and how title insurance fits alongside it.

The rule: only a Georgia attorney can close the sale

In Georgia, real estate closings are considered the practice of law. The Supreme Court of Georgia's UPL Advisory Opinion No. 2003-2 holds that it is the unauthorized practice of law for anyone other than a duly licensed Georgia attorney to close a real estate transaction, or to prepare or facilitate the execution of a deed, on behalf of a seller, borrower, or lender. That covers warranty deeds, limited warranty deeds, quitclaim deeds, security deeds, and deeds to secure debt.

This is different from what buyers coming from a title-company-led state may expect. A title company, escrow officer, or notary acting only as a witness cannot legally stand in for the attorney at closing — the Court specifically rejected arguments for "lay conveyancing" or witness-only closings used in some other states.

Where this requirement comes from

The 2003 opinion did not invent this rule; it reaffirmed a long-standing one. The Court's opinion notes that Georgia has treated real estate conveyancing as part of the practice of law since at least 1932, under what is now O.C.G.A. § 15-19-50, which defines the practice of law to include preparing legal instruments that affect title to real property. The Court had also previously held that an attorney cannot delegate responsibility for a closing to a non-lawyer, and must be physically present for the preparation and execution of the deed.

The reasoning the Court gave is worth knowing: an attorney can be held accountable through malpractice liability or state bar discipline if a closing is mishandled, while a member of the public generally has far less recourse against a non-lawyer who conducted the same closing.

What a title company can — and can't — do in Georgia

The attorney-closing requirement doesn't remove the title company from the transaction. In practice, the roles typically split like this:

Title company: performs the title search, prepares the title commitment, and issues the title insurance policy once conditions are met.
Closing attorney: prepares and facilitates the execution of the deed and other legal closing documents, and must be physically present for that part of the process. Under Georgia Supreme Court precedent, this responsibility cannot be handed off to a non-lawyer.

Many closings in Georgia happen at a law firm or attorney's office for this reason, sometimes with a title agency's involvement layered in for the insurance and search side of the transaction.

Who represents whom

The closing attorney in a Georgia transaction primarily represents the lender. That surprises some buyers who assume the closing attorney is working for them by default. Buyers and sellers each have the option to separately hire their own attorney for independent representation in the same deal — worth considering if you want someone whose duty runs specifically to you rather than to the lender.

Verifying a title insurance agent or agency is licensed in Georgia

Insurance agents, agencies, and companies — including those transacting title insurance business — must be licensed by the Georgia Office of Commissioner of Insurance and Safety Fire (OCI) to do business in the state. OCI publishes a public License Lookup tool so consumers can check whether an agent, agency, or company is currently licensed before relying on them. Since Georgia's attorney-closing rule is a separate requirement from insurance-agent licensing, it's worth confirming both: that the attorney handling your closing is a member of the State Bar of Georgia in good standing, and that the title agency issuing your policy is licensed with OCI.

How Georgia compares to promulgated-rate states

VerifiedTitles also covers Texas, Florida, and New Mexico — states where the state itself sets, or promulgates, a uniform title insurance premium that every company must charge. Georgia's defining difference isn't about premium pricing at all; it's about who is legally permitted to conduct the closing. Rates and fees for title and closing services in Georgia vary by provider and transaction, so request an itemized quote rather than assuming a fixed statewide number, and confirm current cost details directly with your attorney and title provider.

Where title insurance fits alongside the attorney

Title insurance and the attorney-closing requirement address different risks. As with other states, a lender will typically require a lender's title insurance policy as a condition of financing, protecting the lender's interest in the loan. An owner's policy, which protects the buyer's own ownership interest, is generally optional. See our guide on owner's vs. lender's title insurance for how the two differ. The attorney's job is to legally execute the closing; the title company's job is to search the title and stand behind the policy if a covered problem surfaces later — see how home title insurance works for what a policy can address.

Questions worth asking before your Georgia closing

Is the attorney handling my closing a licensed member of the State Bar of Georgia, and will they be physically present to execute the deed?
Am I represented by the closing attorney, or should I hire independent counsel for my own interests?
Is the title agency issuing my policy licensed with the Georgia OCI? Have I checked the License Lookup tool myself?
What does my itemized closing statement include, and which fees go to the attorney versus the title company?

This guide provides general information about Georgia's closing process and is not legal advice. For questions about a specific transaction, consult a licensed Georgia real estate attorney.

Title Insurance in Georgia: Why an Attorney Must Close Your Sale