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GeorgiaHB 4132025-2026 Regular SessionHouseWALLET

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

Sponsored By: Charlice Byrd (Republican), Joe Campbell (Republican), David Huddleston (Republican), David Jenkins (Republican), Jordan Ridley (Republican)

Signed by Governor

Agriculture & Consumer AffairsAgriculture and Consumer AffairsGeneral Bill

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 1 costs, 3 mixed.

Estate liens and priority for transfer-on-death property

Beneficiaries take title subject to recorded mortgages and liens, and free of claims by someone who married the owner after the deed was signed. A lien against the beneficiary does not attach until the affidavit is recorded, and the deed usually beats unsecured estate debts unless the property is unredeemed. The personal representative must notify named beneficiaries. In a solvent estate, the personal representative may pay the mortgage, taxes, and urgent repairs before acceptance; the estate gets a special priority lien (below tax liens and older security deeds) for repayment. If that lien is unpaid after one year, the estate can file a claim of lien that lasts 365 days, must send a copy within two business days, and may foreclose it. If the estate is insolvent and the property faces imminent foreclosure, condemnation, or destruction and no one has accepted yet, the personal representative can record the notice and sell it to pay debts; any leftover money returns to the estate. If a named beneficiary dies before acceptance, that share goes equally to the remaining named beneficiaries who were alive at the owner’s death.

How beneficiaries accept property after death

A transfer-on-death deed transfers only after the beneficiary files an affidavit and records it. The affidavit must prove the owner’s death, say if the owner and beneficiary were married at death, give the deed book and page, and include the legal property description. You must attach a copy of the death certificate, and beneficiaries named in the deed can get certified copies. An adult, a trustee, or another legal entity may accept; a guardian or conservator may accept for a minor or ward. For deaths on or after July 1, 2026, you must record the affidavit and the real estate transfer tax form within nine months, or the property goes back to the estate. This nine‑month limit does not apply to deaths before July 1, 2024. Affidavits recorded before July 1, 2026 can be valid if at least one named beneficiary signed accepting on behalf of all.

State blocks local farm practice rules

Local governments cannot make or enforce rules on how farms grow crops or handle livestock on private property or on public roads. Farmers now follow state rules instead of different local rules.

Two-year deadline for year's support

You must file a petition for year’s support within 24 months of the person’s death. After two years, you cannot start this claim.

Easier setup and revocation of transfer-on-death deeds

The law makes it easier to set up a transfer-on-death deed. You do not need payment from anyone, and you do not need the beneficiary’s consent while you are alive. You must sign it yourself and have the legal ability to sign contracts; an agent cannot create this deed for you. You can name alternate beneficiaries or name a trustee so a trust can receive the property, but the deed itself cannot create a trust. Do not file a transfer tax declaration with the owner’s deed. You can revoke at any time by recording a revocation signed by you or your attorney‑in‑fact with proper witnesses. A transfer-on-death deed is revoked if you sell the property, move it into a trust, or if the only named beneficiary dies before acceptance.

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Sponsors & Cosponsors

Sponsors

  • Charlice Byrd

    Republican • House

  • Joe Campbell

    Republican • House

  • David Huddleston

    Republican • House

  • David Jenkins

    Republican • House

  • Jordan Ridley

    Republican • House

Cosponsors

  • Bo Hatchett

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 307 • No: 83

House vote • 4/2/2026

Agree to Senate Substitute

Yes: 96 • No: 70

Senate vote • 3/31/2026

PASSAGE BY SUBSTITUTE

Yes: 49 • No: 0

House vote • 3/3/2025

PASSAGE

Yes: 162 • No: 13

Actions Timeline

  1. House Date Signed by Governor

    4/22/2026House

  2. Act 379

    4/22/2026

  3. House Sent to Governor

    4/10/2026House

  4. House Agreed Senate Amend or Sub

    4/2/2026House

  5. Senate Third Read

    3/31/2026Senate

  6. Senate Passed/Adopted By Substitute

    3/31/2026Senate

  7. Senate Read Second Time

    3/20/2026Senate

  8. Senate Committee Favorably Reported By Substitute

    3/19/2026Senate

  9. Senate Read and Referred

    3/4/2025Senate

  10. House Third Readers

    3/3/2025House

  11. House Passed/Adopted

    3/3/2025House

  12. House Committee Favorably Reported

    2/26/2025House

  13. House Second Readers

    2/18/2025House

  14. House First Readers

    2/13/2025House

  15. House Hopper

    2/12/2025House

Bill Text

  • HB 413/AP* (v5)

    PDF

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