HB 413: Agriculture; prohibit local ordinances that prohibit operation of mobile sawmills on agricultural land

This bill makes several unrelated changes to Georgia law. It lets people named as beneficiaries in a transfer-on-death deed get a certified copy of the property owner's death certificate. It substantially rewrites the transfer-on-death deed law (O.C.G.A. Chapter 17 of Title 44), spelling out who can accept a transferred property interest, how alternate and trust beneficiaries work, what happens if a beneficiary dies before accepting the property, and new rules letting an estate's personal representative pay taxes, mortgage payments, or emergency repairs on a property before a beneficiary accepts it, with a repayment lien. It also changes how year's support petitions interact with transfer-on-death deeds, and revises witness and attorney-in-fact rules for revoking a deed. Finally, it amends the state's agricultural preemption law (O.C.G.A. § 2-1-6) so counties and cities cannot pass ordinances regulating livestock or livestock owners on private property or public roads, in addition to the existing ban on regulating crop and animal husbandry practices. The law would take effect as soon as the Governor signs it.

• Allows a transfer-on-death deed beneficiary to obtain a certified copy of the property owner's death certificate as someone with a direct interest in the record.
• Rewrites the transfer-on-death deed process, requiring a signed affidavit and its recording before ownership transfers, and barring an attorney-in-fact from executing such a deed.
• Lets an estate's personal representative pay taxes, mortgage bills, or urgent repairs on transferred property before a beneficiary accepts it, and gives the estate a lien for repayment.
• Changes what happens if a designated beneficiary dies before or after the owner's death but before accepting the property, splitting their share among surviving beneficiaries instead of returning it to the estate.
• Reduces the number of witnesses required to revoke a transfer-on-death deed from two to one and removes the option for an attorney-in-fact to sign the revocation.
• Bars counties, cities, and other local governments from adopting ordinances that regulate livestock or livestock owners on private property or public roads.

Property owners who use or plan to use transfer-on-death deeds, their designated beneficiaries and estates' personal representatives, probate courts handling year's support petitions, county and municipal governments, and owners of livestock in Georgia.

Georgians who rely on transfer-on-death deeds to pass on real estate would face new paperwork and deadlines, but also new protections such as estate-paid upkeep before a beneficiary accepts a property. Local governments would lose authority to regulate livestock and livestock owners through local ordinance, centralizing that decision-making at the state level.

• Section 1 lets a transfer-on-death deed beneficiary get a certified copy of the owner's death certificate as someone with a direct interest in the record (O.C.G.A. § 31-10-26).
• Section 2 rewrites O.C.G.A. § 44-17-2 to require an affidavit and its recording before a transfer-on-death deed conveys ownership, sets rules for alternate and trust beneficiaries, and lets an estate's personal representative cover certain property expenses with a repayment lien.
• Section 3 changes deed revocation rules, cutting the witness requirement from two to one, removing attorney-in-fact authority to revoke, and stating a deed is revoked if the owner later sells the property or a sole beneficiary dies before accepting it.
• Section 4 revises O.C.G.A. § 44-17-5 so beneficiaries take property upon acceptance rather than at the owner's death, and reassigns a deceased beneficiary's lapsed share to surviving beneficiaries rather than the estate.
• Section 5 amends year's support filing rules (O.C.G.A. § 53-3-5) to give transfer-on-death deeds precedence and keeps the 24-month filing deadline for year's support petitions.
• Section 6 expands the state's agricultural ordinance preemption (O.C.G.A. § 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.

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 planning
• local government authority
• livestock regulation
• year's support