Stockton, CA asked in Probate for California

Q: Do I have to go through probate on my grandmother's mobilehome to get it in my name there's no will due to her passing.

She gave me her mobilehome right before she passed but before a will was made she passed I was one her poa before she passed along with my father who is her only living child left... I live at her mobilehome and have since a few months before her passing due to I came to take care of her.. I need to get it transferred to my name I don't know what I do ??

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

A: In California, transferring ownership of a mobile home without a will, known as intestate succession, may not always require going through the full probate process, especially if the value of the estate is below a certain threshold. However, since there was no will and the mobile home was not formally transferred before your grandmother's passing, you may need to take specific steps to legally transfer the mobile home into your name.

Since your grandmother did not leave a will and you were her power of attorney (POA), it's important to note that the POA ended upon her death. Therefore, your ability to act on her behalf with the POA no longer applies. Your father, as her only living child, would typically be considered the next of kin and thus may have a significant role in the succession process.

To transfer the mobile home into your name, you might need to utilize a form of affidavit or declaration that is specific to small estates in California, provided the mobile home's value does not exceed the state's threshold for small estate procedures. This process is simpler and less costly than full probate and is designed for situations like yours. It would be wise to consult with a legal professional to understand the specific requirements and documents needed to facilitate this transfer, ensuring you comply with California law and the Department of Housing and Community Development (HCD) regulations governing mobile homes.

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