What Happens If Two People Own a Car And One Dies in Georgia

When one co-owner of a motor vehicle titled in Georgia dies, the transfer of ownership depends on how the names are shown on the certificate of title and whether the surviving owner or heirs can demonstrate their right to possession. Georgia recognizes joint ownership arrangements and joint tenancy with rights of survivorship and provides procedures for transferring titled vehicles through probate documents or affidavits when probate is not required.

Determine How the Names Appear on the Georgia Car Title

The form of co-ownership on the title determines the rights of the surviving owner and whether the vehicle passes automatically to the survivor or becomes part of the estate.

If the Title Shows Survivorship Language

When a vehicle is titled with "Joint Tenants with rights of Survivorship” as disclosed on the certificate of title, the surviving owner may transfer the title by completing the assignment of title and attaching a copy of the deceased owner's death certificate. This transfer occurs by operation of law. The surviving owner becomes the sole owner and can complete the title transfer without probate.

If the Title Does Not Show Survivorship Language

When the names are shown with "and" between them (standard joint ownership in Georgia), both owners must sign together to transfer the vehicle. When one owner dies, the surviving owner's right to the vehicle depends on whether the deceased owner's interest passes through the estate via probate or an affidavit procedure.

Georgia Car Title Rules After One Owner Dies

When one co-owner of a vehicle dies, Georgia law provides that a joint interest with survivorship in two or more persons may be created, and upon the death of a co-owner with survivorship rights, the title transfers automatically to the survivor. For vehicles titled in other ownership forms, the deceased owner's interest becomes part of the estate.

When a vehicle is titled with "Joint Tenants with rights of Survivorship," the surviving owner must obtain a new title. The surviving owner completes the assignment of title on the back of the current certificate and submits it to the county tag office along with a certified copy of the death certificate and the $18 title fee.

For vehicles titled in joint ownership (with "and"), the surviving owner or heir must follow the procedures for inheriting a vehicle from an estate.

Does a Car Go Through Probate in Georgia if One Owner Dies?

Several paths exist for transferring the vehicle depending on the title form and whether probate has been opened for the estate.

Joint Tenancy with Survivorship: If the vehicle is titled "Joint Tenants with Rights of Survivorship," the surviving owner may transfer title by completing the assignment and providing a death certificate, with no probate required.

Probated Estate: If the deceased owner left a will that has been probated and the court has issued Letters Testamentary appointing an executor, the executor must complete the title application showing the inheritance and provide a certified copy of the Letters Testamentary to the county tag office.

Non-Probated Estate: If the will contains limited assets and is not being probated, or if there is no will, the inheritor can transfer the vehicle by completing an Affidavit of Inheritance (Form T-20) and providing a certified copy of the death certificate. If there is only one heir, a legible copy of the No Administration Necessary document may be submitted instead of Form T-20.

Small Estate Procedures: When the estate is limited in assets, and no formal probate is required, the heir may title the vehicle in their own name first using the affidavit procedure, then transfer it to the intended owner if necessary.

How To Transfer a Car Title in Georgia After a Co-Owner Dies

The process for transferring a Georgia vehicle title after one co-owner dies depends on the form of ownership and whether probate has been opened.

General Process

For Joint Tenancy with Survivorship:

• Verify that the title shows "Joint Tenants with Rights of Survivorship."
• Obtain a certified copy of the death certificate.
• Locate the original certificate of title.
• Complete the assignment of title section on the back of the certificate, signed by the surviving owner.
• Visit the county tag office with the completed title, death certificate, and payment of the $18 title fee.
• The surviving owner will receive a new title in their name alone.

For Probated Estate (with Letters Testamentary):

• Obtain a certified copy of the Letters Testamentary from the probate court.
• Obtain a certified copy of the death certificate.
• Obtain the original title issued to the deceased owner or a properly assigned title.
• Complete Application for Title (Form MV-1).
• If there are recorded liens or security interests on the title, complete and sign Lien or Security Interest Release (Form T-4).
• Visit the county tag office with the completed forms, letters testamentary, death certificate, original title, and the $18 title fee.

For a Non-Probated Estate (using an Affidavit):

• Obtain a certified copy of the death certificate.
• Obtain the original title issued to the deceased owner or a properly assigned title (or if unavailable, request a duplicate).
• Complete Application for Title (Form MV-1).
• If there is a will with limited assets not being probated, obtain a copy of the non-probated will.
• Complete the Affidavit of Inheritance (Form T-20) in the inheritor's full legal name. If there is only one heir, a legible copy of "No Administration Necessary" document may be submitted instead.
• If the vehicle is inherited by a family member, an Affidavit to Certify Immediate Family Relationship (Form MV-16) may be required.
• If there are recorded liens or security interests on the title, complete and sign the Lien or Security Interest Release (Form T-4).
• Visit the county tag office with the completed forms, death certificate, affidavit, original title, and the $18 title fee.
• The inheritor must title the vehicle in their name first before selling or transferring ownership to another person.

Applicable Fees

Title transfer and registration fees in Georgia are set by state law and applied uniformly. The following table lists the primary fees associated with vehicle title transfers following a co-owner's death:

The Title Ad Valorem Tax (TAVT) is a one-time tax collected when a vehicle is titled or retitled. Transfers between immediate family members, including spouse-to-spouse transfers, qualify for a reduced TAVT rate of 0.5%. All other transfers are subject to the standard rate of 3.0% to 7.0%, depending on the vehicle value and local option taxes.

Surviving Spouse

Georgia law does not provide a separate, streamlined procedure exclusively for surviving spouses beyond the standard procedures for joint ownership or inheritance. However, when a vehicle is inherited by a family member, including a surviving spouse, the TAVT rate is reduced to 0.5% if the vehicle is transferred between immediate family members. Surviving spouses who inherit a jointly-owned vehicle titled in "Joint Tenants with Rights of Survivorship" form can transfer the title by completing the assignment and providing the death certificate, with no probate required.

Documents Needed to Transfer a Georgia Car Title After Death

The documents required depend on whether the vehicle was titled with survivorship rights or as joint ownership and whether probate has been opened.

Common Documents

For all transfers:

• Current Georgia certificate of title (original or properly assigned)
• Certified copy of the deceased owner's death certificate
• Proof of vehicle identification and owner identification

For Joint Tenancy with Survivorship transfer:

• Original certificate of title with "Joint Tenants with Rights of Survivorship" designation
• Certified copy of death certificate
• Completed assignment of title on the back of the certificate, signed by the surviving owner
• $18 title fee

For a probated estate (with Letters Testamentary or Letters of Administration):

• Application for Title (Form MV-1) completed and signed by the executor or administrator
• Certified copy of Letters Testamentary or Letters of Administration from probate court
• Certified copy of death certificate
• Original certificate of title issued to deceased owner or properly assigned to deceased
• Lien or Security Interest Release (Form T-4) if there are recorded liens
• $18 title fee

For a non-probated estate (using an Affidavit of Inheritance):

• Application for Title (Form MV-1) completed and signed by the inheritor
• Certified copy of death certificate
• Affidavit of Inheritance (Form T-20) completed and signed by the inheritor (or legible copy of "No Administration Necessary" if there is only one heir)
• Copy of non-probated will (if applicable and will contains limited assets)
• Affidavit to Certify Immediate Family Relationship (Form MV-16) (if required and vehicle is transferred between family members)
• Original certificate of title or duplicate title if original is unavailable
• Lien or Security Interest Release (Form T-4) if there are recorded liens
• $18 title fee

All documents must be original or certified copies; photocopies are not accepted for probate documents. If the inheritor is not a legal resident of Georgia and the vehicle has not been titled in Georgia, the inheritor must obtain a title in their home state first before selling or transferring the vehicle to a Georgia resident.

What if There Is a Loan on the Car?

If the vehicle is financed, a lien is recorded on the certificate of title in the lienholder's name. When transferring the title after one co-owner's death, all recorded liens and security interests must be released in the spaces provided on the title or by completing a Lien or Security Interest Release (Form T-4).

If the lienholder (such as a bank or finance company) is still holding the original title, the surviving owner, executor, or heir must obtain the title from the lienholder before applying for a new title. The lienholder's signature releasing the lien must be obtained, or Form T-4 must be completed and signed by an authorized representative of the lienholder.

The lien or security interest remains in effect on the vehicle until the loan is paid in full and the lien is released by the lienholder. If the vehicle is transferred to a surviving owner or heir, that person assumes responsibility for the outstanding loan balance unless other arrangements are made with the lienholder.

Contact Information

Georgia Department of Revenue - Motor Vehicle Division
4125 Welcome All Rd, Atlanta, Georgia 30349
Phone: (855) 406-5221
Official Website: Motor Vehicle Division