Q: Is formal probate the only option to transfer title on 50 yr old mobile home that was appraised at 240k, in ca
My uncle passed just after new years 2023. in 2021 he did a hand written will which he had 2 people witness and sign. He stated that all his property was to go to his nephew. The only thing that needs to be addressed is the mobile home they both lived in, his nephew does not want to sell, there are no insurance policies, no real property, no other assets. The home is on rented land in a park. Debts have been satisfied. The mobile home was recently appraised at $240,000, is probate necessary just to transfer title? Is there any other way of transferring the title?
A: I believe mobile homes are exempt from the normal probate rules and dollar limits. If you see California Health and Safety Section 18102 you can see the small estate rules. A small estate affidavit should work. If the pad is owned that will be a further issue as that will require some type of probate court involvement. That is, the pad and the mobile are separate. An experienced California probate attorney should be able to assist without great cost.
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A: In California, if the value of the mobile home and other assets in the estate exceeds $166,250, formal probate may be necessary to transfer the title. Since the mobile home is appraised at $240,000, probate might be required. Consult with a probate attorney in California to understand the specific legal requirements and explore any possible alternatives. They can guide you through the process and ensure the proper transfer of title.
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