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Old 07-13-2023, 12:58 PM
 
1 posts, read 6,214 times
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My father recently passed away and I am looking to sell his mobile home. Someone in the MH Park has expressed an interest. Do I need to transfer the title to my name or can I proceed with it in his (I am the sole heir and executor)? What kind of forms do I need?
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Old 07-13-2023, 09:13 PM
 
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We extend our sympathies on the loss of your father.

Our website does not give legal advice though our members may help by posting their own experiences. My best guess is that it makes the most sense that if there are documents naming you as executor that you may sell it in his name and not transfer it into your name. Best to call the county recorder in the county where the property is in or consult a lawyer or realtor about such transfers.

If our readers have any experiences like this they will post a reply.
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Old 07-17-2023, 12:12 PM
 
Location: on the wind
23,259 posts, read 18,777,131 times
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Did your dad have a will? Generally, while a will can identify someone the testator wishes to act as executor, that doesn't mean the executor can start liquidating estate assets without authority issued by the probate court. The court issues the executor a decree establishing their authority to act on behalf of the estate. You would present this decree to various entities (like the MVD) to transfer titles, deal with final bills, taxes, etc. Generally, titled property needs to be re-titled into the name of the estate (instead of remaining in the name of the decedent as a person). THEN the executor can sell or transfer it.

https://www.avvo.com/legal-answers/i...f--709113.html

A mobile home is most likely considered titled personal property similar to a car. However, if your dad's estate only consists of the MH, you may not need to transfer the title in order to sell it. Check with MVD. They may or may not advise you to consult with an attorney. They'd be a good first step. It might be quite simple.

https://azdot.gov/mvd/services/vehic...les%20by%20MVD.

I assume the MH wasn't considered "attached" to the land it sits on, right? That's a different situation.

I'm sorry about the loss of your dad OP. Hope this all goes well for you!

Last edited by Parnassia; 07-17-2023 at 12:38 PM..
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Old 07-20-2023, 07:26 PM
 
30,139 posts, read 11,770,405 times
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Quote:
Originally Posted by Laneil1 View Post
My father recently passed away and I am looking to sell his mobile home. Someone in the MH Park has expressed an interest. Do I need to transfer the title to my name or can I proceed with it in his (I am the sole heir and executor)? What kind of forms do I need?
Ask the park manager.
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Old 10-05-2023, 03:28 PM
 
Location: Phoenix Metro Area
720 posts, read 733,792 times
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I'm sorry for your loss - not sure if you've already taken action-

Since the title is held in your dad's name I believe you would need to transfer to your name first. You would have to show at the dmv the proper paperwork that gives you the authorization to do so and that usually is a form that you would need to get from the superior court. If the total value of his estate is < $300k you can do a small estate transfer otherwise you would need to file an informal probate (if uncontestsed). Check for more info: https://superiorcourt.maricopa.gov/llrc/court-forms/

If you are local the law library is a great help!
Central Court Building
Address:201 W. Jefferson Street
Phoenix, AZ 85003

Do you plan to sell it to your dads' neighbor?? if it's affixed, you can get the help of a realtor to tell you the value and to sell/rent it for you.
PS- I'm not an attorney - but Ive gone through this myself as well helped a lot of my clients.


Best of luck
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