Tehachapi, CA asked in Real Estate Law and Probate for California

Q: My grandma passed away and we live in her mobile home. How do I get it in my name?

I do not have the title to the mobile home, there is no trust or will either that I am aware of.

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2 Lawyer Answers
Howard E. Kane
PREMIUM
Howard E. Kane
Answered
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

A: I'm sorry to hear about your grandmother's passing. The proper form required to transfer the title to the mobile home in California is a CERTIFICATE FOR TRANSFER WITHOUT PROBATE, form number HCD RT 475.2. This form can be obtained through the State of California, Business, Consumer and Services and Housing Agency, Department of Housing and Community Development. You can access the form through a Google search using the form number.

Best of luck with this,

Howard E. Kane, Attorney

James L. Arrasmith
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Answered
  • Probate Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm sorry for your loss. If your grandmother passed away without a will or trust, then her assets, including the mobile home, will be distributed according to California intestate succession laws.

Under California law, the intestate succession laws provide that the estate will pass to the decedent's heirs at law, in a specific order. Typically, the surviving spouse and children are the first to inherit, followed by grandchildren if the children are not alive, and so on. The exact distribution will depend on the specific facts of your grandmother's family situation.

To transfer ownership of the mobile home to your name, you will need to go through a legal process called probate. The probate process involves filing a petition with the probate court to appoint a personal representative for the estate, who will then inventory the assets, pay any debts or taxes owed, and distribute the remaining assets to the heirs according to the intestate succession laws.

Once the probate court approves the distribution of the assets, the personal representative can transfer ownership of the mobile home to you by executing a transfer document and filing it with the appropriate state agency, usually the California Department of Housing and Community Development.

It's important to note that the probate process can be complex and time-consuming, so it's a good idea to consult with an attorney who specializes in probate law to guide you through the process.

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