Protect Your California Mobile Home From Uncertainty

How California Categorizes Mobile and Manufactured Homes

Estate plans serve a wide range of purposes. However, most plans have similar intent: when a testator writes a will, or funds a trust, they typically intend to minimize their liabilities while protecting their heirs’ rights to an inheritance.

Mobile and manufactured homes are rarely mentioned in estate planning discussions, but they are worth additional consideration. California has one of the most expensive real property markets in the country, and a mobile home—whether permanently grounded or transportable—could be worth a veritable fortune.

California, though, categorizes different types of mobile homes in radically different ways. This is because the Golden State’s probate code has determined that some manufactured homes should be treated like conventional homes, and others should be processed as a form of personal property. Under most circumstances, a mobile home will be categorized as either of the following:

Real Property

A manufactured or mobile home may be real property if the following three conditions exist:

The mobile home is situated on a permanent foundation.

The mobile home’s owner has completed and filed Form 433A.

The mobile home has been registered with the California Department of Housing and Community Development.

If a manufactured home can be categorized as a type of real property, it will be administered like any other real property owned by the decedent.

Personal Property

If a mobile home does not have a permanent foundation and cannot be registered with the state government using Form 433A, it may be a type of personal property.

While larger, transportable mobile homes may still be registered with the California Department of Housing and Community Development, smaller units may be titled with the Department of Motor Vehicles.

Mobile Homes in Estate Planning

Accounting for a mobile or manufactured home in a conventional estate plan could prove an unexpected challenge. Even mobile homes that are not considered real property must typically be titled. If the mobile home is placed in probate, the title must be transferred to a designated beneficiary. The simplicity of transferring a mobile home’s title could be dependent on how it’s classified.

Possible Classifications of a Mobile Home

A primary residence

A primary residence is the place in which the deceased person, or decedent, spent the majority of their time.

A secondary residence

A secondary residence is a place the decedent occupied for a portion of each year but not the place in which they lived day-to-day.

Mobile homes can sometimes meet the definition of both primary and secondary residences.

While permanent manufactured homes that served as the decedent’s primary place of residence could be transferred and re-titled in the same manner as another real property, mobile homes that better meet the definition of secondary residence—or personal property—could be comparatively problematic. This is because smaller, transportable mobile homes can depreciate in value quickly and are often worth less than the land where they’re located.

If a smaller mobile home sits on owned personal property, it may be better to bequeath the property to a beneficiary with the mobile home included rather than gifting each property separately.

Including a Manufactured Home in Your California Estate Plan

Manufactured homes can prove frustrating for heirs. However, you do not have to leave your legacy to chance. The Law Firm of Kavesh, Minor & Otis, Inc. has spent decades helping California residents of different backgrounds establish and protect their legacies. Our experienced team of attorneys could help you include a mobile home in your estate plan by:

Writing a last will and testament
Revising title beneficiaries
Reviewing your tenancy arrangement and community property provisions
Establishing a revocable living trust to keep a manufactured home out of probate

Do You Need to Speak With an Estate Planning Attorney?

If you need to speak with an experienced estate planning lawyer, please contact us online or call us directly at 800.756.5596 to first register for one of our free, informative seminars. Your attendance will qualify you for a special discount for our estate planning services should you decide to make a free appointment at the conclusion of the seminar and choose to proceed with us. Our estate planning law firm proudly serves clients throughout California from our main office in Torrance, as well as those in Redondo Beach, Manhattan Beach, Hermosa Beach, Segundo, San Pedro, and Rancho Palos Verdes.