Georgia: Transferring a Deceased Parent’s Vehicle Title to a Surviving Spouse When the Original Title Is Missing | Georgia Probate

Disclaimer: This is general information, not legal advice. Laws change and each case differs. For decisions that affect legal rights, consult a Georgia attorney or your county tag office.

Overview — What typically happens when a deceased parent’s vehicle title is missing

When a vehicle owner in Georgia dies and you do not have the original paper title, the usual paths to transfer the vehicle to the surviving spouse are: (1) obtain a duplicate title and then transfer it, (2) use a small‑estate collection process (an affidavit) if the estate qualifies and the county tag office accepts it, or (3) open a simple probate or obtain a court order if the title cannot be issued by other means. Which path is available depends on how the vehicle was titled, whether there are liens, and whether other heirs or creditors may have claims.

Step‑by‑step practical process in Georgia

Confirm how the vehicle was titled.

If the car title already listed the surviving spouse as a co‑owner or as a transfer on death beneficiary, the surviving spouse may already be an owner for title/registration purposes. If the vehicle was solely in the decedent’s name, proceed with the steps below.
Gather documents you will need.
- Certified death certificate for the deceased owner (county or state certified copy).
- Proof of your identity (photo ID) and proof that the surviving spouse is the spouse (marriage certificate, if required).
- Vehicle information: VIN, current registration, license plate number, odometer reading.
- Any lien payoff or release documents if a lien existed.
Contact your county tag office (county Board of Tax Commissioners).

Georgia’s county tag office processes title applications for the state. Explain that the owner died and you do not have the original title. Ask what forms they require to either get a duplicate title or to accept a small‑estate affidavit for transfer. Local offices can confirm required forms, fees, and whether they will accept an affidavit in lieu of a title.

Georgia DOR Motor Vehicles: https://dor.georgia.gov/motor-vehicles/vehicle-titles
If possible, request a duplicate title from the Georgia Department of Revenue / county tag office.

A duplicate title is often the simplest route. The county tag office can advise the required title application forms and whose signature is required. When the owner is deceased, the county may require a court appointment (executor/administrator) or proof of heirship (see next step) before issuing a duplicate. If the title lists a lienholder, the lienholder must typically release the lien or provide paperwork.
If the estate qualifies as a small estate, consider a Small‑Estate Affidavit (Affidavit for Collection of Personal Property).

Georgia has procedures that let certain personal property be collected without full probate when the estate value is small and no administration is pending. Many county clerks or tag offices will accept a sworn affidavit and supporting documents (death certificate, ID, proof of relationship) to retitle a vehicle to the surviving spouse. Each county’s acceptance criteria can vary, so confirm with the local tag office first and use the form they require.

Forms and clerk guidance are available from the office of the superior court clerk or the Georgia Superior Court Clerks’ Cooperative Authority: https://www.gsccca.org
If the county will not accept an affidavit or there is a dispute/ lien/complexity, open a simple probate or ask the probate court for an order.

If other heirs exist, if a lien exists and the lienholder will not cooperate, or if the county refuses to issue a duplicate title based on affidavit alone, you will likely need to open a probate administration (or ask the probate court for an order appointing you or the surviving spouse as administrator/executor). A court order transferring title to the surviving spouse is a document the tag office will accept to issue a new title.
Complete the title application and pay fees.

Whether you present a duplicate title application, a small‑estate affidavit, or a court order, you’ll complete the state title application at the county tag office and pay applicable fees and taxes. The office will explain any odometer disclosure or bill‑of‑sale requirements.

Common documents county tag offices request

Certified death certificate (original certified copy).
Completed title application (county/DOR form).
Small‑estate affidavit or court order (if original title missing).
Proof of ID for the surviving spouse/claimant.
Proof of relationship or heirship (marriage certificate).
Release of lien (if applicable) or lien payoff documentation.
Current registration and license plate (if available).

When you must use probate

Probate (formal administration) is typically necessary if:

There is a valid will but no one is appointed as representative.
Multiple heirs dispute ownership or distribution.
The estate has significant debt or creditor claims that must be addressed.
The county tag office or DOR requires a court order to replace the title.

Where to get authoritative help in Georgia

Georgia Department of Revenue (Motor Vehicle Titles): https://dor.georgia.gov/motor-vehicles/vehicle-titles
County tag/board of tax commissioners – call your county office for specific form and fee requirements.
Georgia Superior Court Clerks’ Cooperative Authority (forms and clerk contacts): https://www.gsccca.org
Georgia Judicial Branch (self‑help / probate information): https://www.georgiacourts.gov

Helpful Hints

Start by calling your county tag office. Local staff will tell you exactly what paperwork they accept and whether they will process an affidavit or require probate.
Always obtain a certified death certificate — the county office will usually require an original certified copy rather than a photocopy.
If a lien appears on the DMV record, contact the lender early. The lender’s payoff or release is usually required before a new title issues.
If the vehicle is part of a larger estate or other heirs exist, consider consulting a probate attorney to avoid later disputes.
Keep originals of all documents and bring multiple certified copies as the tag office, the lender, and probate court may each want one.
Expect fees and possible back taxes. The county will disclose title, registration, and ad valorem or use tax obligations at the time of application.
If the surviving spouse is out of state or cannot appear, ask the county about notarized affidavits and remote procedures they allow.

If you want, tell me the county and whether the title listed a lien or joint owner. I can then provide a tailored checklist of likely county forms and the exact local tag office phone number to call.