Detailed answer — what to expect and the steps to retitle a car in Georgia

This guide explains how vehicle ownership commonly moves after a car owner dies in Georgia, the documents you will likely need, the typical steps at the tag office and probate court, and when to get legal help. This is educational information only and is not legal advice.

Step 1 — Identify how the vehicle is titled

How you proceed depends on how the deceased owned the vehicle:

• Joint title with right of survivorship: The surviving owner can usually transfer the title by presenting the death certificate and completing the title transfer at the county tag office.
• Transfer-on-death (TOD) beneficiary): If a beneficiary was named on a TOD designation (if used), that beneficiary can generally take title by presenting the death certificate and completing the transfer paperwork.
• Title solely in the deceased’s name and passes under a will or intestacy: The vehicle is part of the estate. If the estate goes through probate, the executor or administrator (personal representative) will use Letters Testamentary or Letters of Administration to transfer title.
• Vehicle owned by the estate (no immediate transfer): The personal representative handles transfer or sale during probate.

Step 2 — Gather the necessary documents

At minimum, prepare the following before visiting the county tag office (the Tax Commissioner’s office):

• Original vehicle title (if available) with the seller section completed as required.
• Certified copy of the death certificate (courts and tag offices typically require a certified copy).
• Valid photo ID for the person applying for the transfer.
• Proof of appointment as personal representative (Letters Testamentary or Letters of Administration) if the vehicle is part of the probate estate.
• Copy of the will when relevant (the tag office or probate court may ask for it).
• Signed affidavit or other DOR forms if transferring under a statutory small‑value procedure (see Step 4).

Step 3 — Visit the county tag office or DOR-approved location

Bring the documents above to the county Tax Commissioner’s office where the deceased was domiciled (or where the vehicle is registered). If the ownership transfers directly to a surviving joint owner or TOD beneficiary, the tag office will usually complete the title application and issue the new title after payment of any required fees.

If the vehicle is part of an estate and probate is open, the tag office will likely require Letters from the probate court authorizing the transfer. If probate has not been opened, you may need to open it so the court can issue the required Letters.

Step 4 — Small estate alternatives and affidavits

Georgia has procedures to simplify transferring personal property of modest value without formal probate in some cases. Depending on the estate size and local county procedures, you may be able to use an affidavit procedure to collect and transfer personal property. The county tag office can tell you whether a vehicle can be transferred under a small‑estate affidavit or whether formal probate and Letters are required.

Contact your county tag office or the Georgia Department of Revenue — Motor Vehicles for specific forms and procedures.

Step 5 — Pay fees and taxes

The new owner will generally pay title transfer fees and registration fees. Transfers because of death may be treated differently for tax purposes, so ask the county tag office about any applicable Title Ad Valorem Tax (TAVT) or exemptions.

Step 6 — If the vehicle is owed to creditors or needs to be sold

If the deceased had creditors, a properly appointed personal representative must follow probate procedures before selling estate property. The personal representative should consult the probate court rules and potentially a probate attorney when estate liabilities exist.

Probate basics and timelines

Probate in Georgia is governed by the state’s probate laws and local court rules. If a will exists, it is usually presented to the probate court in the county where the decedent lived. The court issues Letters to the appointed personal representative, who then can transfer estate assets, including vehicles. Small estates can often move faster using affidavit procedures, but this varies by county and the value of the vehicle.

For general information about probate courts in Georgia, see the Georgia Judicial Council resources at Georgia Courts. For statutory rules governing estates, look to the Official Code of Georgia (probate provisions), available via the Georgia General Assembly at legis.ga.gov.

When to consult a probate attorney

Consider talking to an attorney if any of the following apply:

• There are disputes among heirs or family members about ownership.
• The estate contains significant assets or debts.
• You can’t locate the vehicle title or the title is signed in a way that is unclear.
• Creditors or tax issues could affect whether the vehicle can be transferred immediately.
• Complex ownership arrangements exist (business ownership, lienholders, title issues).

Helpful Hints — practical tips to smooth the process

• Start by calling your county Tax Commissioner’s (tag) office. They handle title transfers and will tell you exactly which documents they require in your county.
• Obtain several certified copies of the death certificate early. The probate court, tag office, banks, and other agencies will want certified copies.
• If the title is lost, ask the tag office about an Application for Duplicate Title — you may need Letters from probate to obtain a duplicate in the estate’s name.
• Bring original documents when possible and make copies for your records.
• If a lien appears on the title, contact the lienholder to learn the payoff process before going to the tag office.
• Ask about exemptions from TAVT or other taxes for transfers on death or inheritance — exemptions can vary and may require proof of relationship or probate status.
• Record the transfer immediately after getting the necessary documents; leaving the vehicle titled in the deceased’s name can cause registration, insurance, and liability issues.
• If you are a surviving joint owner, bring proof of joint ownership and a certified death certificate — many transfers are simple in that situation.
• Keep a checklist of steps and dates: when the probate was opened, when Letters issued, when you visited the tag office, and receipts for fees paid.