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GeorgiaHB 4132025-2026 Regular SessionHouse

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

9 provisions identified: 2 benefits, 0 costs, 7 mixed.

Property beneficiaries gain more filing time

For owners who die on or after July 1, 2026, the former nine-month recording deadline is removed. Missing that deadline no longer sends the property interest back to the estate. Beneficiaries still record the acceptance affidavit, transfer tax declaration, and related papers with the property's county superior court clerk. The transfer tax declaration is not filed with the original transfer-on-death deed.

Beneficiaries must repay estate property costs

Before acceptance, a solvent estate can pay mortgages, property taxes, and repairs needed to prevent imminent destruction of the property. The estate is entitled to repayment, and amounts unpaid one year after acceptance become a special property lien. Property-tax liens and earlier recorded security-deed liens come first. The estate has 30 days after that one-year period to record its lien and can seek foreclosure under the law. A recorded lien expires after 365 days unless extended.

Endangered estate property can be sold

An insolvent estate's representative can record a notice affidavit when property faces imminent foreclosure, condemnation, or destruction. This authority requires notice from a secured lender or government entity. If no named beneficiary completes acceptance, the representative can sell the property to pay estate debts. Remaining proceeds return to the estate, and beneficiaries may not receive the property itself.

Inherited property gets protections, keeps liens

Beneficiaries receive accepted property subject to the owner's existing recorded transfers, mortgages, liens, and other covered claims. A lien imposed without the beneficiary's agreement cannot attach until the acceptance affidavit is recorded. The deed takes priority over unsecured estate debts, except when the property is unredeemed. Claims for property to support a surviving spouse or minor children are also subject to this priority.

Surviving property beneficiaries receive lapsed shares

A beneficiary's share lapses if they die before the owner or die afterward before accepting the property. That share is divided equally among the remaining named beneficiaries who were alive when the owner died. It does not return to the estate, so the deceased beneficiary's successors may not receive it. The stated joint-ownership rule giving survivors ownership still applies when a beneficiary dies before the owner.

Farms face fewer local operating rules

Georgia local governments cannot adopt or enforce rules covering specified crop-management or animal-care practices used to produce farm products on private property. They also cannot regulate livestock or livestock owners on private property or public roads covered by the law. This limits local control over those farm activities.

More estate planning choices, with limits

Georgia property owners can name alternate beneficiaries in a transfer-on-death deed. Alternates qualify when the primary beneficiary dies before the owner or dies afterward before accepting the property. Owners can also name a trustee to receive property for an express trust. But the deed cannot create an express trust or the beneficial real estate interests barred by the law. Owners must have legal capacity to enter a contract; someone holding their power of attorney cannot sign for them.

Owners face rules for canceling deeds

Before death, owners can cancel a beneficiary designation using a separate document that refers to the original transfer-on-death deed. They must record it with the property's county superior court clerk, with an officer and another witness attesting their signature. Someone holding the owner's power of attorney cannot sign, and cancellation cannot be included in another recorded deed or conveyance. Selling or transferring the interest before death, including to the owner's trust trustee, also revokes the deed. The deed is also revoked if its sole beneficiary dies before accepting the property.

Property beneficiaries get help accepting deeds

Property passes after death only when the required affidavit confirming the owner's death is signed and recorded. Legally capable beneficiaries and authorized trustees or entities can accept; guardians or conservators can accept for minors or wards. Beneficiaries generally cannot accept for others outside that guardian or conservator exception. An affidavit recorded before July 1, 2026, can accept interests for named beneficiaries if it states that acceptance and at least one accepting beneficiary signed. The estate representative must notify each beneficiary about the deed, and beneficiaries can obtain certified copies of the owner's death certificate.

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 • Other: 10

Senate vote • 3/31/2026

PASSAGE BY SUBSTITUTE

Yes: 49 • No: 0 • Other: 3

House vote • 3/3/2025

PASSAGE

Yes: 162 • No: 13 • Other: 3

Actions Timeline

  1. House Date Signed by Governor

    4/22/2026House

  2. Act 379

    4/22/2026

  3. Effective Date

    4/22/2026

  4. House Sent to Governor

    4/10/2026House

  5. House Agreed Senate Amend or Sub

    4/2/2026House

  6. Senate Third Read

    3/31/2026Senate

  7. Senate Passed/Adopted By Substitute

    3/31/2026Senate

  8. Senate Read Second Time

    3/20/2026Senate

  9. Senate Committee Favorably Reported By Substitute

    3/19/2026Senate

  10. Senate Read and Referred

    3/4/2025Senate

  11. House Third Readers

    3/3/2025House

  12. House Passed/Adopted

    3/3/2025House

  13. House Committee Favorably Reported

    2/26/2025House

  14. House Second Readers

    2/18/2025House

  15. House First Readers

    2/13/2025House

  16. House Hopper

    2/12/2025House

Bill Text

  • HB 413/AP* (v5)

    PDF

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