The Two Paths: Affidavit vs. Probate
After the owner of a manufactured home dies, there are two general paths to transfer the title to an heir:
- Small Estate / Heirship Affidavit: A sworn statement signed by heirs confirming their right to inherit. Available when the estate's total value falls below the state threshold and no probate has been opened. This path typically takes weeks, not months, and costs under $200.
- Probate: A court process that validates the will (or determines heirship without one) and authorizes the executor to transfer property. Required for larger estates, contested situations, or when the simplified path isn't available. Takes 6–18 months and involves court fees and often attorney costs.
State-by-State Small Estate Thresholds (2025)
| State | Threshold | Wait Period | Key Form |
|---|---|---|---|
| Texas | $75,000 | 30 days | TDHCA Form MH206 |
| California | $184,500 | 40 days | Probate Code §13100 Affidavit |
| Florida | $75,000 | 30 days | HSMV Affidavit of Heirship |
| Arizona | $75,000 | 30 days | ADOH Heirship Affidavit |
| North Carolina | $20,000 (general); $30,000 (surviving spouse) | 30 days | NC Affidavit for Collection of Property |
| Louisiana | $125,000 | None specified | Small Succession Affidavit (Notary) |
Required Documents for an Affidavit Transfer
- Certified copy of death certificate (not a photocopy)
- Current title or Statement of Ownership
- Completed heirship/small estate affidavit (state-specific form)
- Notarization — all signing heirs must appear before a notary
- Lien release if outstanding loan exists
- Payment of transfer fees
What If There Are Multiple Heirs?
All heirs who are entitled to an interest must sign the affidavit. If heirs agree one person should receive the home, the affidavit can state this — the home transfers to the named heir only. If heirs disagree, the simplified path is unavailable and probate is required.
What If the Home Has a Lien?
An outstanding loan (lien on the title) must be resolved before or during the transfer. The heir can: (1) pay off the loan with estate funds and obtain a lien release; (2) assume the loan if the lender permits; or (3) sell the home to pay off the loan, transferring the title to a buyer simultaneously. The title agency will not issue a clean title while a lien remains on record.
State-Specific Guides
Texas After Death (No Probate)
TDHCA heirship affidavit, $75,000 threshold, step-by-step.
California After Death
HCD process and Probate Code §13100 affidavit.
Florida After Death
DHSMV heirship process and estate documentation.
Frequently Asked Questions
The home typically remains in the deceased's name during the process. Legal title hasn't transferred yet, so technically you are occupying it without formal ownership. For most situations, this is practical and not immediately problematic — but you should not sell or refinance the home, and you may want to update the insurance to reflect the situation. Complete the title transfer as promptly as possible.
Apply for a duplicate title first through the state title agency (using the lost/duplicate title form for your state). You'll need the home's serial number and the deceased's information to locate the record. Once the duplicate is issued, the transfer can proceed. This adds 2–6 weeks to the process.
Inherited property generally does not trigger federal income tax. At the state level, a few states have inheritance taxes (Iowa, Kentucky, Maryland, Nebraska, New Jersey, Pennsylvania) — consult a tax professional if you're in those states. Transfer fees paid to the state title agency are separate from taxes. Some states offer reduced transfer fees for inheritance transactions.
If no heir comes forward and no estate is opened, the home may eventually be considered abandoned. The state can take action to clear the title, and the park (if applicable) may take steps under state law to address an abandoned home on their property. This process varies significantly by state and can take years. It's far simpler for heirs to complete the transfer promptly.
Related: Heir Affidavit vs. Probate · Lien Release Guide · Path Finder Tool