HB413: HB413 Agriculture; prohibit local ordinances that prohibit operation of mobile sawmills on agricultural land

Although this bill's title refers to mobile sawmills, the actual text passed by the Georgia General Assembly does not mention sawmills. Instead, it makes several unrelated changes to Georgia law. It lets a grantee beneficiary named in a transfer-on-death deed get a certified copy of the deceased owner's death certificate (O.C.G.A. section 31-10-26). It substantially rewrites the transfer-on-death deed law (O.C.G.A. Chapter 17 of Title 44), adding rules for how beneficiaries accept property, how personal representatives of an estate can spend money to protect property before it's accepted, and how liens work when those costs aren't repaid. The bill also changes the year's support process (O.C.G.A. section 53-3-5) so that transfer-on-death deeds take priority over a surviving spouse's year's support claim in certain cases. Finally, it revises the state's agricultural preemption law (O.C.G.A. section 2-1-6) to bar local governments from regulating livestock or livestock owners on private property or public roads. The law takes effect once the Governor signs it or it becomes law without a signature.

• Allows a grantee beneficiary named in a transfer-on-death deed to obtain a certified copy of the property owner's death certificate.
• Rewrites the transfer-on-death deed law to add detailed rules for how beneficiaries accept real estate after the owner's death, including a nine-month recording deadline.
• Lets personal representatives of a deceased owner's estate pay for mortgage, taxes, or urgent repairs on transferred property and creates a special lien if those costs go unpaid.
• Gives transfer-on-death deeds priority over unsecured debts of an estate and, with limited exceptions, over a surviving spouse's year's support claim.
• Prohibits counties, cities, consolidated governments, and other local governments from adopting or enforcing ordinances that regulate livestock or livestock owners on private property or public roads.

People named as beneficiaries on transfer-on-death deeds, personal representatives handling estates, surviving spouses and minor children seeking year's support, county and municipal governments, and owners of livestock kept on private property or moved along public roads.

Georgians who inherit property through transfer-on-death deeds would have clearer rules for claiming it and could more easily get needed death certificates. Local governments would lose the ability to pass ordinances restricting livestock or their owners, which could affect zoning and nuisance rules in some communities.

• Section 1 amends O.C.G.A. section 31-10-26 so a transfer-on-death grantee beneficiary counts as having a direct interest entitled to a certified death certificate copy.
• Sections 2 through 4 rewrite O.C.G.A. sections 44-17-2, 44-17-4, and 44-17-5, adding acceptance procedures, revocation rules, and beneficiary lapse rules for transfer-on-death deeds.
• Section 2 lets a personal representative of a solvent estate pay mortgage, tax, and emergency repair costs on transferred property and file a special lien if unrepaid within a year.
• Section 5 amends O.C.G.A. section 53-3-5 so transfer-on-death deeds generally take precedence over year's support petitions filed by a surviving spouse or on behalf of a minor child.
• Section 6 amends O.C.G.A. section 2-1-6 to bar local governments from regulating livestock or livestock owners on private property or public roads.
• Section 7 sets the effective date as the date the Governor signs the bill or it otherwise becomes law without signature.

1. 2026-04-22Effective Date 2026-04-22
2. 2026-04-22Act 379
3. 2026-04-22House Date Signed by Governor (House)
4. 2026-04-10House Sent to Governor (House)
5. 2026-04-02House Agreed Senate Amend or Sub (House)
6. 2026-03-31Senate Passed/Adopted By Substitute (Senate)
7. 2026-03-31Senate Third Read (Senate)
8. 2026-03-20Senate Read Second Time (Senate)

• David Jenkins (R, HD-136)Primary sponsor
• David Huddleston (R, HD-072)
• Joe Campbell (R, HD-171)
• Jordan Ridley (R, HD-022)
• Charlice Byrd (R, HD-020)
• Bo Hatchett (R, SD-050)

1. PassedHouse voteMarch 3, 2025

   162 yea, 13 nay (3 not voting, 2 absent)

   Passage: House Vote #130

2. PassedSenate voteMarch 31, 2026

   49 yea, 0 nay (1 not voting, 4 absent)

   Passage By Substitute: Senate Vote #905

3. PassedHouse voteApril 2, 2026

   96 yea, 70 nay (6 not voting, 4 absent)

   Agree To Senate Substitute: House Vote #861

• transfer-on-death deeds
• estate law
• year's support
• local government preemption
• livestock regulation