HB1181: HB1181 Motor vehicles; application for certificate of title; provisions

When a Georgia resident inherits a car that was last titled in another state, current law already requires certain paperwork before the Georgia Department of Revenue will issue a new certificate of title. This bill tightens that requirement for out of state inherited vehicles by specifying that the out of state title submitted with the application must be the one that was actually issued to the decedent (the person who died), not just any prior title for the vehicle. The bill amends O.C.G.A. § 40-3-21, covering first applications for title, and O.C.G.A. § 40-3-34, covering transfers by inheritance, devise, or bequest. It clarifies what documents an heir must submit, including the decedent's last title and other paperwork like a will, letters of administration, or a probate court certificate. The bill repeals conflicting laws but does not state a delayed effective date.

• Requires that when someone inherits a vehicle last registered in another state, the application for a Georgia title include the out of state certificate of title that was specifically issued to the decedent.
• Clarifies under O.C.G.A. § 40-3-21 that this decedent specific title requirement applies when the applicant is receiving the vehicle through inheritance, devise, or bequest.
• Restates the existing requirement under O.C.G.A. § 40-3-34 that transfers by inheritance need the last certificate of title issued to the decedent, if available, plus a will, letters of administration, or a probate court certificate.
• Keeps the existing alternative process for transferring title when the vehicle was the decedent's only asset and no estate administration is underway, requiring a specific affidavit.

People who inherit a vehicle from a relative or other decedent whose car was titled in another state, Georgia's Department of Revenue motor vehicle division staff who process title applications, and probate courts that issue certificates related to a decedent's estate.

Heirs handling a deceased relative's out of state vehicle will need to track down the specific title document issued to that person, rather than any older title, before Georgia will issue a new certificate of title, which could add a documentation step during an already difficult time.

• Section 1 revises O.C.G.A. § 40-3-21(c) to require that when a vehicle was last registered in another state in a decedent's name, the Georgia application must include the last title issued by that state to the decedent.
• Section 1 also requires any other documents needed under subsections (d) or (e) of O.C.G.A. § 40-3-34 covering inheritance transfers.
• Section 2 revises O.C.G.A. § 40-3-34(d) to require the last certificate of title issued to the decedent, if available, along with a will, letters of administration, or an affidavit and probate certificate for inheritance transfers.
• Section 2 also revises O.C.G.A. § 40-3-34(e) covering cases where the vehicle was the decedent's only asset, requiring the last title issued to the decedent, if available, plus a specific affidavit when no estate administration is underway.
• Section 3 repeals any conflicting laws.

1. 2026-05-05Effective Date 2026-07-01
2. 2026-05-05Act 400
3. 2026-05-05House Date Signed by Governor (House)
4. 2026-04-06House Sent to Governor (House)
5. 2026-03-20Senate Passed/Adopted (Senate)
6. 2026-03-20Senate Third Read (Senate)
7. 2026-03-16Senate Read Second Time (Senate)
8. 2026-03-12Senate Committee Favorably Reported (Senate)

• Bethany Ballard (R, HD-147)Primary sponsor
• John Corbett (R, HD-174)
• Steven Sainz (R, HD-180)
• Kimberly New (R, HD-040)
• Ginny Ehrhart (R, HD-036)
• Steven McNeel (R, SD-018)

1. PassedHouse voteFebruary 19, 2026

   166 yea, 0 nay (6 not voting, 5 absent)

   Passage: House Vote #535

2. PassedSenate voteMarch 20, 2026

   43 yea, 0 nay (3 not voting, 8 absent)

   Passage: Senate Vote #776

• motor vehicle titles
• inheritance
• estate paperwork
• Department of Revenue
• car ownership