---
title: HB 1181. Motor vehicles; application for certificate of title; provisions
collection: bills
id: 2025-2026/hb1181
cite_as: HB 1181, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1181
md_url: https://georgiacommons.org/bills/2025-2026/hb1181.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1181/text
source_url: https://www.legis.ga.gov/legislation/72823
date: 2026-05-05
status: passed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 949
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1181.md?full=1
bill_number: HB 1181
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-05-05
last_action: Effective Date 2026-07-01
sponsors:
- Bethany Ballard
- John Corbett
- Steven Sainz
- Kimberly New
- Ginny Ehrhart
- Steven McNeel
text_version: Enrolled
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1181/2025
upstream_id: 2108240
summaries_model: claude-sonnet-5
topic_tags:
- motor vehicle titles
- vehicle inheritance
- estate planning
- DMV rules
---
# HB 1181. Motor vehicles; application for certificate of title; provisions
## Text
House Bill 1181 (AS PASSED HOUSE AND SENATE)
By: Representatives Ballard of the 147th, Corbett of the 174th, Sainz of the 180th, New of the
40th, and Ehrhart of the 36th
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated,
relating to certificates of title for motor vehicles, so as to require an application for certificate
of title to contain or be accompanied by the last certificate of title issued by another state
when such application refers to a vehicle last previously registered in another state and the
applicant is receiving such vehicle upon inheritance, devise, or bequest; to amend Code
Section 40-3-34 of the Official Code of Georgia, relating to transfer of vehicle by operation
of law, termination of interest, and joint interest with right of survivorship, so as to specify
the last certificate of title required to be submitted with an application for a certificate of title
regarding a vehicle transferred to an applicant upon inheritance, devise, or bequest shall be
one that was issued to the decedent; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to
certificates of title, is amended by revising subsection (c) of Code Section 40-3-21, relating
to application for first certificate of title, as follows:
"(c)(1) If the application refers to a vehicle last previously registered in another state or
country, the application shall contain or be accompanied by:
(A) Any certificate of title issued by the other state or country; and
(B) Any other information and documents the commissioner reasonably requires to
establish the ownership of the vehicle and the existence or nonexistence of security
interests in it and liens against it.
(2) If the application refers to a vehicle last previously registered in another state and if
the applicant is the last previously registered owner in such state, the application need not
contain the name and address of the person from whom the vehicle was acquired.
(3) If the application refers to a vehicle last previously registered in another state in the
name of a decedent owner, and if the applicant is receiving the vehicle of such decedent
owner upon inheritance, devise, or bequest, such application shall contain or be
accompanied by:
(A) The last certificate of title for such vehicle issued by the other state to the decedent
owner; and
(B) Any other information and documents required pursuant to subsection (d) or (e) of
Code Section 40-3-34."
SECTION 2.
Said article is further amended by revising subsections (d) and (e) of Code Section 40-3-34,
relating to transfer of vehicle by operation of law, termination of interest, and joint interest
with right of survivorship, as follows:
"(d) In the event of transfer as upon inheritance, devise, or bequest, upon receipt of an
application for a new certificate of title with the required fee, the last certificate of title
issued to the decedent, if available, and a certified copy of a will or letters of administration
or, if no administration is to be had on the estate, an affidavit by the applicant to the effect
that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, have
amicably agreed among themselves upon a division of the estate or a certificate from the
judge of the probate court showing that the motor vehicle registered in the name of the
decedent owner has been assigned to the decedent's survivors as part of their year's support,
the commissioner shall issue to the person or persons shown by such evidence to be entitled
thereto the certificate of title for the vehicle.
(e)(1) In the event of transfer under a will when the motor vehicle was the decedent's
only asset, upon receipt of an application for a new certificate of title accompanied by the
required fee, the last certificate of title issued to the decedent, if available, and an
affidavit by the applicant to the effect that the motor vehicle was owned by the decedent
and was the decedent's only asset and was not encumbered, that under the will the
applicant is entitled to receive title to such motor vehicle, that no application for the
administration of the estate of the deceased or the probate of such will is to be had, and
that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, are
sui juris and have amicably agreed that title to said vehicle be issued to the applicant, the
commissioner shall issue to the person or persons shown by such evidence to be entitled
thereto the certificate of title for the vehicle.
(2) The commissioner shall prescribe the form of the affidavit to be used in paragraph (1)
of this subsection."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
House Bill 1181 would require someone who inherits a vehicle last titled in another state to submit the decedent's out-of-state title when applying for a Georgia title.
### Plain-language summary
Currently, Georgia law requires applicants for a vehicle title to submit any out-of-state title when the vehicle was last registered elsewhere, but it does not spell out special rules for vehicles passed down through inheritance, a will, or a bequest. HB 1181 adds a specific rule for that situation.
The bill amends O.C.G.A. § 40-3-21 to say that when someone applies for a Georgia title for a vehicle last registered in another state in the name of a deceased owner, and the applicant is receiving the vehicle through inheritance, devise, or bequest, the application must include the last title issued to the decedent by that other state, plus any other documents required for inheritance transfers. It also amends O.C.G.A. § 40-3-34 to clarify that the 'last certificate of title' required in inheritance and will-based transfers specifically means the title that was issued to the decedent, if one is available.
### What it does
- Adds a new requirement that applications for a Georgia title on an inherited, out-of-state vehicle include the decedent's last out-of-state title, if the applicant received the vehicle through inheritance, devise, or bequest.
- Clarifies in O.C.G.A. § 40-3-34 that the last certificate of title required for inheritance transfers, and for transfers under a will when the vehicle was the decedent's only asset, must be the title that was issued to the decedent specifically.
- Leaves in place existing requirements for wills, affidavits, and probate court certificates used to establish who inherits the vehicle.
### Who it affects
People who inherit a vehicle from someone who titled it in another state, executors and heirs handling a decedent's estate, and Georgia's Department of Revenue or motor vehicle division staff who process title applications involving inheritance, wills, or bequests.
### Why it matters
Heirs applying for a Georgia title on an inherited out-of-state vehicle would now know exactly which title document to produce: the one issued to the deceased owner, not just any title. This should reduce confusion and paperwork disputes during an already stressful estate process.
### Key provisions
- Section 1 amends O.C.G.A. § 40-3-21(c) to add paragraph (3), requiring an application for a vehicle last titled in another state in a decedent's name to include the decedent's last out-of-state title when the applicant inherits, receives as a devise, or receives as a bequest.
- Section 1 also requires any other documents needed under subsections (d) or (e) of O.C.G.A. § 40-3-34, tying the new rule to existing inheritance transfer procedures.
- Section 2 amends O.C.G.A. § 40-3-34(d) to specify that the 'last certificate of title' submitted for an inheritance transfer must be the one issued to the decedent, if available.
- Section 2 also amends subsection (e) to apply the same 'issued to the decedent' requirement when a will transfers a vehicle that was the decedent's only asset.
- Section 3 repeals conflicting laws, a standard closing provision.
## Status
- Status: Passed (2026-05-05)
- Last action: Effective Date 2026-07-01 (2026-05-05)
- Sponsors: Bethany Ballard, John Corbett, Steven Sainz, Kimberly New, Ginny Ehrhart, Steven McNeel
- Official page: https://www.legis.ga.gov/legislation/72823
> The history, votes, and amendments (949 characters) are at https://georgiacommons.org/bills/2025-2026/hb1181.md?full=1