Do we need probate to transfer a mobile home title into surviving name?

Asked over 4 years ago - Pinckney, MI

The mobile home is in my mothers name and she past away.

Attorney answers (4)

  1. James P. Frederick

    Contributor Level 20

    Answered . In Michigan, a mobile home is usually considered a "motor vehicle" and title is represented by a certificate of title. This is considered personal property. There is, however, a special statute that applies to motor vehicles, in Michigan. As long as the value is less than $60,000, (and probate is otherwise not necessary), title can pass outside of probate, to the next of kin.

    You would need to complete a Certificate at the Secretary of State office. There will be a nominal charge for the title transfer. A copy of the Certificate can be found, here:
    http://www.michigan.gov/sos/0,1607,7-127-1585_1...

    Please contact me if you have any questions or if I can be of any assistance.

    Best of luck to you!

    James Frederick

  2. Glenn A Jarrett

    Contributor Level 14

    Answered . Generally, a mobile home is considered personal property. If it was just in your mother's name, no one has the right to transfer it without authority from the probate court. You should consult a lawyer in your area to see if there is a procedure short of a full blown probate available.

    I hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!

    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

  3. Janet Lee Brewer

    Pro

    Contributor Level 17

    Answered . Mr. Jarrett's response might be correct for his state, but it isn't necessarily correct for yours ... for example, in California if the mobile home and all of the rest of your mother's assets are worth less than $100,000 you can use a "small estates affidavit" to transfer the assets - including the mobile home.

    Check with a knowledgeable estate planning lawyer in the state where your mother resided.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

  4. Ilene L McCauley

    Contributor Level 13

    Answered . One more thing. You should check to make certain that the mobile home is not real property. In Arizona, many mobile homes are attached to the real property and are part of the real estate they rest on. If the mobile home is in a mobile home park, I would recommend that you ask the manager. If it is not in a mobile home park, check the status of ownership of the real estate.

    Arizona also has a small estate process. Also, titles to mobile homes are generated by our department of motor vehicles. We can transfer titles to mobile homes upon death, by special affidavits. Check the agency in your state which registers mobile homes. They may already have a simple procedure for you.

    This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.

    Circular 230 Disclosure: Pursuant to recently-enacted U.S. Treasury Department Regulations, I am now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

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