Q: My mother passed away the mobile is in her name. Do I need to probate to change the name?
She also has a balloon payment of $53,000 on the lot due in September of 2021. Does the payment need to be paid before I change the title to my name?
A: It sounds like she owned the lot also!? The lot is real property and thus requires some type of probate court action to clear title depending on the value. The mobile itself transfers by the department of housing and does not require probate court.
Nina Whitehurst agrees with this answer
A:
You should not have to pay that balloon payment to update the ownership but if you don’t pay it on time the lender can foreclose.
Most likely you can update the title to the mobile home without having to go to court. Call the California Department of Housing and Urban Development explain your circumstances to them. They are very helpful. They will either email you the correct forms or tell you which ones to download. You will need a death certificate of course.
Like Mr. Palley said, if your mother owns the land under the mobile home you will have to go to court to get that title changed. If the land is valuable that might trigger the requirement to probate the mobile home too.
If your mother’s estate includes land you should consult with a probate attorney to determine the correct path forward.
James Edward Berge agrees with this answer
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