HB392 Alabama 2024 Session

Updated Feb 23, 2026

Notable

Summary

Primary Sponsor: Ben RobbinsRepresentative
Republican
Session: Regular Session 2024
Title: Motor vehicles, Dept of Revenue, transfer of ownership interest in deceased individual's motor vehicle prohibited, except by order of a probate or circuit court, by a small estates distribution, by affidavit of all heirs, Class B misdemeanor for false affidavit.
Summary: HB392 requires probate or a full all-heirs agreement (via Small Estates Act or all-heirs affidavit) to transfer a deceased owner's motor vehicle title, ending informal transfers.
What This Bill Does
It bars the Department of Revenue, Motor Vehicle Division, from transferring ownership of a deceased owner's motor vehicle unless the estate is administered by probate or circuit court, or is distributed under the Alabama Small Estates Act, or distributed by an affidavit signed by all heirs without probate. It treats such all-heirs affidavits as conclusive proof that the transfer is complete and valid for a good-faith buyer. It also makes false statements in these affidavits perjury in the third degree. The act takes effect on October 1, 2024.

Who It Affects
Heirs and next of kin of a deceased motor vehicle owner – they must use probate, small-estate distribution, or an all-heirs affidavit to transfer title, rather than informal transfers.
The Department of Revenue, Motor Vehicle Division, and buyers of vehicles from deceased owners – the DMV must follow the new rules; affidavits are conclusive for transfer to a good-faith purchaser, and false affidavits carry perjury penalties.

Key Provisions
The Department shall not transfer ownership of a deceased owner's motor vehicle unless the estate is probated, or distributed under the Small Estates Act, or distributed by an affidavit signed by all heirs without probate.
An affidavit signed under this section is conclusively presumed complete, correct, and effective to transfer title to a good-faith purchaser for value.
An affiant who knowingly provides a false statement in such an affidavit commits perjury in the third degree.
The act becomes effective October 1, 2024.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Motor Vehicles & Traffic