The Short Answer
If the manufactured home's value is below your state's small estate threshold, no probate has been opened, and all heirs agree on who gets the home — you can almost certainly use the simpler heir affidavit path and skip probate entirely.
Full probate is generally required only when: the estate exceeds the state threshold, a will is being contested, there are creditor claims that need to be sorted out in court, or heirs cannot agree.
The Small Estate Threshold — Your Most Important Number
Every state sets a "small estate threshold" — the maximum total estate value that qualifies for a simplified transfer without probate. Below this threshold, heirs can sign a notarized affidavit and file it with the title agency instead of going to probate court.
The threshold varies dramatically by state:
- $20,000: North Carolina (general estate)
- $75,000: Texas, Florida, Arizona
- $125,000: Louisiana
- $184,500: California (adjusted for inflation)
- $275,000: Colorado
This threshold refers to the total probate estate value — generally personal property like the home, bank accounts, and vehicles — not necessarily the full estate including real property that passes by deed.
When You Can Use the Affidavit Path
All of these must be true:
- The home's value is below your state's small estate threshold
- No probate proceeding has been opened (or if one was opened, the home was excluded from it)
- The required waiting period has passed (typically 30–40 days after death)
- All heirs who have an interest in the home agree to sign the affidavit
- There are no pending creditor claims on the home that need to be resolved through court
- The home is titled as personal property (not already converted to real property)
When You Need Full Probate
- The estate value exceeds the state threshold
- Heirs dispute who is entitled to the home
- One heir refuses to sign the affidavit
- The will is being contested or there is no clear will
- There are significant creditor claims that need judicial resolution
- A state-specific requirement applies (e.g., some states require probate for homes above a lower threshold even if the state's general small estate limit is higher)
The Affidavit Process in Brief
For the detailed process specific to your state, see our After-Death Transfer guide and Texas After-Death guide. In general:
- Wait the required period (30–40 days depending on state)
- Obtain a certified copy of the death certificate
- Complete the state's heirship affidavit form, signed by all heirs before a notary
- File with the state title agency along with the original title, the affidavit, and fees
Frequently Asked Questions
Yes — the affidavit path is actually more commonly used when there is no will (intestate estate) because it avoids the need to probate a will. The affidavit states the legal heirs under the state's intestate succession laws (typically spouse, then children, then parents, etc.) and all of them sign confirming their agreement on the disposition of the home.
Once the threshold is exceeded, formal probate is required in most states. However, some states have an intermediate process — a simplified administration or summary administration — for estates above the small estate threshold but not requiring full probate. An estate attorney in your state can advise whether this is available.
Usually not — the affidavit is filed with the state title agency (TDHCA, HCD, DMV, etc.), not with a county court. The state agency has jurisdiction over the title regardless of which county the home is in. However, if there is real property involved (land that was also inherited), the real property portion must be handled through the county recorder or probate court of the county where the land is located.
Related: After-Death Transfer Guide · Texas After Death (No Probate) · Path Finder Tool