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.
<ins>(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."
</ins> 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
<ins>issued to the decedent,</ins> 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 <ins>issued to the decedent,</ins> 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.