To Probate or Not to Probate: Mobile Homes

When determining how to proceed with an estate, an initial question is often whether to open probate or not. Probate is not required for any assets the decedent placed into a trust or any assets with assigned beneficiary designations. Probate is always required when the decedent owned real estate or when the decedent owned assets worth over $80,000 (as of 2023). So how does one proceed when the decedent owned and lived in a mobile home?

If the decent owned land on which the mobile home sits, the land is considered real estate which will require probate. But many folks own mobile homes that sit atop rental plots, and they do not own the land, so the analysis turns on whether probate is required for the mobile home itself. In Colorado, a mobile home is by default considered personal property rather than real estate. However, if the mobile home is permanently affixed to a location and a certificate of permanent location has been filed with the county, it is then considered real estate pursuant to C.R.S. § 38-29-202 and probate will be required in order to transfer ownership of the mobile home.

Thus, if the mobile home is not permanently affixed and a certificate has not been filed, it will be considered personal property. In that case, opening probate is unnecessary so long as the total value of the mobile home and the decedent’s other assets does not exceed $80,000. Instead, use of a small estate affidavit and/or DMV affidavit  will suffice.

Another consideration is whether the decedent added another person to the title of the mobile home as a joint tenant with the right of survivorship (sometimes shortened to “JTWROS” on the title). If so, once the decedent passes, ownership simply passes to the other listed person—outside of probate.

At Gant Law, we understand every case is different and these procedures can feel complicated and overwhelming, particularly while grieving the loss of a loved one. Give us a call today and our attorneys will be ready to provide you with personalized guidance based on your situation.