Do I Need a Vehicle Transfer on Death Designation in Georgia?
Answer a few questions about how your vehicle is titled to see whether a transfer-on-death designation applies for avoiding probate on a vehicle.
Frequently Asked Questions
No. Georgia does not offer a vehicle transfer-on-death designation. Georgia law does not authorize a transfer-on-death (TOD) or beneficiary designation on a motor vehicle certificate of title. The certificate-of-title article (O.C.G.A. Title 40, Chapter 3, Article 2) contains no vehicle TOD provision, and the Georgia Department of Revenue, Motor Vehicle Division (titles are issued through county tag offices) publishes no TOD/beneficiary form. Georgia's two transfer-on-death regimes reach other property: the transfer-on-death deed chapter (O.C.G.A. Title 44, Chapter 17) covers only an "interest in real estate" passed by recorded deed, and the Uniform Transfer on Death Security Registration article (O.C.G.A. Title 53, Chapter 5, Article 7) applies only to "registrations of securities in beneficiary form." To pass a vehicle outside probate, owners use a Joint Tenants with Rights of Survivorship title; for a deceased owner, the vehicle transfers by Affidavit of Inheritance (Form T-20) or other estate documentation.
Because Georgia does not offer a vehicle TOD designation, the vehicle transfers through: Joint Tenants with Rights of Survivorship: enter "Joint Tenants with rights of Survivorship" on the MV-1 Title/Tag Application below the owner name (or tell the county tag office clerk), using "and" not "or" to join co-owners (O.C.G.A. § 40-3-34; joint interest created per O.C.G.A. § 44-6-190). On a co-owner's death the surviving owner retitles using the title assignment plus a copy of the death certificate, with no new certificate required during survivorship., Affidavit of Inheritance (Form T-20, Rev. 06-2005): used where the deceased left no will, no application for administration of the estate is to be had, the estate is not indebted, and the surviving spouse (if any) and heirs (if any) have amicably agreed on a division; the form is notarized and submitted with a certified copy of the death certificate, the decedent's last certificate of title if available, and a completed MV-1 Title/Tag Application to a county tag office. If there is only one heir, a "No Administration Necessary" copy may be submitted in lieu of the T-20., Estate documentation: where an estate is administered, certified Letters of Testamentary or a certified Year's Support order are submitted (with the MV-1 Title/Tag Application, the deceased's title with liens released or a Form T-4 lien release, and the title assignment / Form T-7 Bill of Sale) to retitle the vehicle at a county tag office.. To keep other assets out of probate, SimplyTrust sets up a revocable trust online.
Without a vehicle TOD option, a Georgia vehicle typically passes through the estate unless it is jointly titled or held in a trust, or qualifies for a small-estate transfer. Compare your options with the trust vs. will comparison.
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