When an individual dies, his estate, which can include real property, vehicles, bank accounts, stocks and personal property, typically passes to beneficiaries and relatives. Since there are different procedures for transferring each type of property, the process of altering legal ownership can be confusing. The requirements for transferring ownership of a mobile home vary based on the circumstances of the estate.
Death with a Will
If the deceased person left a will, ownership of the mobile home will pass to the beneficiary he designated. If the estate goes through probate, most states will allow the estate's executor or administrator to transfer ownership of the mobile home after probate is complete. If the estate doesn't go through probate, some states will only allow the deceased person's surviving spouse or next of kin to transfer the title into his name, while others will allow the beneficiary designated in the will to obtain a new title.
Probate and No Will
If the estate goes through probate but there is no will, the court will appoint an administrator to manage its assets. In most states, the estate administrator has the authority to transfer ownership of the mobile home by changing the name on the title. By state law, ownership of the mobile home will typically pass to the deceased person's closest living relative.
No Probate and No Will
In most states, if there is no will and the estate doesn't go through probate, the deceased person's surviving spouse can transfer the title of the mobile home into her name. If there is no surviving spouse, the next of kin can obtain ownership of the mobile home. In either case, the relative applying for ownership must fill out a form and provide a copy of the deceased person's death certificate.
For an estate administrator to transfer the title of a mobile home to a beneficiary, he must present a court order that lists him as the estate's legal representative. Once the estate administrator has transferred the mobile home's title to the beneficiary, the beneficiary can legally sell, gift or dispose of the mobile home. Most states won't transfer ownership of a mobile home included in a probated estate until probate is complete.
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