Georgia CommonsHouse · Passed · 2025-2026 Regular Session
HB 413: Agriculture; prohibit local ordinances that prohibit operation of mobile sawmills on agricultural land
Last action April 22, 2026 · Effective Date
A Georgia bill would rewrite the rules for transfer-on-death real estate deeds, adjust year's support filings, and stop local governments from regulating livestock or livestock owners on private property or public roads.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Enrolled version, the latest the General Assembly's website lists.
In plain language
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.
What the bill does
- 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.
Who it affects
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.
Why it matters
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.
Key provisions
- 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.
From the bill
“No county, municipality, consolidated government, or other political subdivision of this state shall adopt or enforce any ordinance, rule, regulation, or resolution regulating crop management or animal husbandry practices involved in the production of agricultural or farm products on any private property or any livestock or owner located on any private property or public road”
“An attorney in fact shall not be authorized to execute a transfer-on-death deed on behalf of a record owner.”
Discussed in meetings (9)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
Senate Agriculture and Consumer Affairs Committee, March 18, 2026
From 0:11:36 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor presented a substitute replacing the mobile-sawmill proposal with transfer-on-death deed changes drawn from HB 899. The sponsor said ambiguities in existing law needed correction. An attorney representing Callaway Law and the Georgia Real Estate Closing Attorneys Association said these deeds let beneficiaries accept real property after an owner's death without probate. The attorney said owners were mistakenly losing homestead exemptions because transfer-tax forms were being filed with deeds rather than when beneficiaries accepted the property. The substitute would clarify that timing, allow alternate beneficiaries and make clear that selling the property revokes the deed. Answering members, the attorney said owners retain control during life, acceptance requires an affidavit and death certificate, and an owner's homestead exemption does not pass to a beneficiary. Members also asked about disagreeing beneficiaries, dividing acreage, commercial property and property held by companies. The attorney said specific land divisions need clear descriptions and recommended legal help for complex arrangements. During procedural questions, a member referred to HB 113, but the final motion specifically named HB 413 and its substitute. The committee approved that motion unanimously.
Senate Rules Committee, March 20, 2026
From 0:20:46 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the bill’s original sawmill provisions had been replaced with changes to transfer-on-death deeds. The sponsor said two years of experience with those deeds had revealed recording problems and language needing correction. The sponsor described the changes as fixes rather than a fundamental change to the program. No calendar decision was recorded.
Senate Rules Committee, March 23, 2026
From 0:21:01 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 413, despite its sawmill title, had been changed to address transfer-on-death deeds. The sponsor said experience during the roughly two years since that law was enacted had exposed recording and wording problems, and the bill would correct them. No substantive questions or vote followed.
Senate Rules Committee, March 25, 2026
From 0:28:48 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The presenter said HB 413 no longer concerned sawmills and instead addressed transfer-on-death deeds. The presenter said language adopted about two years earlier had caused problems with recording deeds and other matters. The chair cut the presentation short because the bill had already been presented. No action was shown.
Senate Rules Committee, March 30, 2026
From 0:35:19 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 413 no longer concerned sawmills despite its listed title, and instead corrected problems with Georgia's transfer-on-death deed law. No substantive questions followed. A member selected it, and the committee unanimously approved the calendar containing it.
Senate floor session, March 31, 2026 (legislative day 39, part 2)
From 2:14:11 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Third Read)
Summary by Georgia Commons: The clerk read a committee substitute replacing the original mobile-sawmill proposal with changes to transfer-on-death deeds and access to vital records for certain beneficiaries. The sponsor explained that transfer-on-death deeds let people arrange to pass property to beneficiaries without requiring the family to go through the full estate process. The sponsor said this could reduce expense and complications while a family is grieving. No substantive questions were asked. The Senate adopted the substitute and passed it, 49 to 0.
House floor session, April 2, 2026 (legislative day 40, PM, part 2)
From 2:30:26 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (House Agreed Senate Amend or Sub)
Summary by Georgia Commons: The sponsor explained that the Senate's replacement version of HB 413 no longer concerned mobile sawmills and instead revised transfer-on-death deeds. The sponsor said the changes would clarify who can create and accept deeds, address filings that had caused loss of homestead exemptions, remove a nine-month acceptance deadline, permit alternate beneficiaries and trusts, allow emergency property repairs, and give beneficiaries access to death certificates. The sponsor also described protections involving unsecured debts and deceased beneficiaries' shares. Asked about life estates, the sponsor said a specific deed would be needed for the transfer. Another member raised probate lawyers' concerns that transfer-on-death deeds could delay probate, increase costs, and confuse unrepresented estates. The sponsor acknowledged debate over their merits but said the proposal adjusted an existing option to fit Georgia law. The House agreed to the Senate's replacement version, 96 to 70.
Status timeline
- Effective Date
- Act 379
- House Date Signed by Governor (House)
- House Sent to Governor (House)
- House Agreed Senate Amend or Sub (House)
- Senate Passed/Adopted By Substitute (Senate)
- Senate Third Read (Senate)
- Senate Read Second Time (Senate)
Show full history (16 actions)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted (House)
- House Third Readers (House)
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- David Jenkins (R, HD-136)
- David Huddleston (R, HD-72)
- Joe Campbell (R, HD-171)
- Jordan Ridley (R, HD-22)
- Charlice Byrd (R, HD-20)
- Bo Hatchett (R, SD-50)
Votes
- House voteMarch 3, 2025
162 yea, 13 nay (3 not voting, 2 excused)
- Senate voteMarch 31, 2026
49 yea, 0 nay (1 not voting, 4 excused)
- House voteApril 2, 2026
96 yea, 70 nay (6 not voting, 4 excused)
Topics
- transfer-on-death deeds
- estate planning
- local government authority
- livestock regulation
- year's support