If both spouses’s names are on the title of a mobile home, and 1 spouse dies, does the living spouse have to remove the decesed spoe’s name to sell it?

My dad passed away 2 years ago. My stepmom needs to sell the mobile home because it is too much for her with just her income. However, she is afraid that she cannot sell it with my dad’s name still on the title and does not know how to get his name removed.

Asked on August 16, 2012 under Estate Planning


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  You have to determine if it is considered real property or personal property.  If it is real property is the mobile home held jointly with "rights of survivorship" or as "tenants by the entirety"?  If it is then she inherited it automatically at the time of his death.  It could be the same if it is considered personal property (as bank accounts are as well).  Now, if she wishes to seel she may only need a copy of his death certificate to prove his death and that she inherited it automatically.  If it has to go through propbate then a small estate may suffice and she would file in the county in which he resided at the time of his death.  SHe may need some help here to determine what is what.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.