Q: Does a mobile home have to go through probate ?
My grandmother recently passed away and i was willed her estate. I was also given power of attorney before she passed. The estate consists of a house , mobile home , car and everything within.
A: I believe cars and mobile homes are exempt from the normal probate process and requirements. If you go to the California Department of Housing website they have transfer without probate forms. I believe they can be done 40 days after death. The POA ended at death so that can not be used. If she has a separate house that likely does require probate.
A: If your grandmother recently passed away and the value of her probate estate is more than $150,000 you will need to open a probate (using a valid will) and all assets in her individual name without designated beneficiaries will need to be accounted for in the probate and distributed pursuant to court order. Her power of attorney cannot be legally used after her death.
A:
Dear Sacramento:
Ah, the old mobile home problem. Here are the basics.
1) In California, Mobile Homes are registered through the Department of Housing and Urban Development.
2) If there is a transfer on death beneficiary designated on the title of the Mobile Home, you can use the Department's internal form to transfer title.
3) If there is not a transfer on death beneficiary, it will depend on if the value of the total value of the Decedent's estate is more than $150,000. If it more than that amount, a probate is required to gain authority to transfer title. If it is less than that amount, you should be able to transfer title using the affidavit procedure under Probate Code section 13100.
Two more things to note here:
First, if the mobile home is on leased or rented property, you want to make provisions to keep the rents current pending sale.
Second, sometimes a title to a "mobile home" is "surrendered" and the home becomes fixed to the property it sits on, like a "normal" home. If your grandmother owned the property the home is on, this may be the case and may require a different procedure to resolve the ownership.
I suggest that obtain a copy of the mobile home's registration and consult with an attorney on how to proceed. The Sacramento County Bar Association's lawyer referral program can refer you to a probate attorney who will provide a 30 minute consultation for $50.00. Details on the program can be found here: https://www.sacbar.org/home/for-the-public/lawyer-referral-and-information-service/
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