Who Gets the Mobile Home? Texas's New Way to Pass a Manufactured Home Without Probate

Across East Texas, in Walker, Polk, Tyler, Liberty, Grimes, and Montgomery Counties, many families' most important asset is a manufactured home. When the owner dies, the family often finds a frustrating problem. They can't sell the home, refinance it, or move it into anyone's name without proof of legal authority, and getting that proof has usually meant a trip to probate court.

A change to Texas law gives manufactured home owners a simple way to avoid that. Since September 1, 2025, Texas has allowed owners to name a beneficiary who receives the home automatically at death, much like a payable-on-death bank account or a transfer on death deed for land.

The Problem This Law Fixes in Texas Probate

For years, Texas let vehicle owners name a beneficiary on their title through the DMV, but there was no equivalent for manufactured homes. A mobile home titled as personal property was treated like any other asset in the owner's name. When the owner died, the family generally needed one of the following before the Texas Department of Housing and Community Affairs (TDHCA) would issue a new statement of ownership:

• A will admitted to probate, either with an executor appointed or as a muniment of title

• A Small Estate Affidavit, if there was no will and the estate qualified

• A court determination of heirship, or other proof of who the heirs are

For a home worth $40,000 or $60,000, those costs and delays can take a real share of the inheritance. Meanwhile the home may sit empty, accruing lot rent, taxes, and insurance.

How the New Beneficiary Designation Works in Texas Probate

Chapter 116 of the Texas Estates Code now lets the owner of a manufactured home name one or more beneficiaries to receive the owner's interest at death. The basics:

• It's filed with TDHCA, not the county clerk. The owner submits the designation with an application for a new statement of ownership through TDHCA's Manufactured Housing Division.

• It's revocable. The owner can change or cancel the designation at any time without the beneficiary's consent.

• The owner keeps full control during life. The beneficiary has no ownership rights until the owner dies. The owner can still sell, refinance, or move the home.

• No notice or payment is required. The beneficiary doesn't need to know about it or accept it in advance.

• The beneficiary can say no. A beneficiary who doesn't want the home can disclaim it under the Texas disclaimer statute.

When the owner dies, the beneficiary applies to TDHCA for a new statement of ownership in their own name, with no probate case needed for that asset.

Important: Your Will Does Not Override It

This is the detail most likely to cause family conflict. A will cannot revoke or replace a manufactured home beneficiary designation, no matter when the will was signed. If you name your daughter as beneficiary in 2026, then sign a will in 2028 leaving "everything" to your son, your daughter still gets the home.

If your plans change, update the designation with TDHCA directly. Don't assume a new will takes care of it.

Does It Apply to Your Home?

The new law applies only to a manufactured home classified as personal property. That distinction matters:

• Personal property homes are titled through TDHCA with a statement of ownership. Many homes on rented lots, or on land owned by someone else, fall in this category. The new beneficiary designation is the tool for these homes.

• Real property homes are those where the owner has elected to treat the home as part of the land, usually because the owner also owns the land and the election has been recorded. These homes pass with the land, so the right tool is a Transfer on Death Deed recorded in the county property records.

Many families aren't sure which category their home falls into, and the paperwork from the original purchase doesn't always make it obvious. Checking TDHCA's ownership records is the first step.

Debts Still Matter in Texas Probate

A beneficiary designation avoids probate, but it doesn't erase the owner's obligations. If the home has a lien, the lien stays with the home. Texas applies the same creditor rules to these designations as it does to Transfer on Death Deeds, so a beneficiary can still face estate creditor claims in some situations. If the owner has significant debts, talk with an attorney before relying on a designation alone.

What If the Owner Already Passed Away Without One?

The designation must be in place before death. If your loved one died without one, the home generally passes under their will or, if there was no will, under Texas intestacy law, and the traditional probate or heirship options apply. Depending on the estate, that may mean a muniment of title, a Small Estate Affidavit, or a determination of heirship. Keep in mind Texas's four-year deadline to probate a will. Waiting too long can limit your options.

Who Should Consider a Designation Now

A manufactured home beneficiary designation makes sense for almost any owner whose home is titled as personal property, especially if:

• The home is your main asset and you don't otherwise need a full estate plan

• You want the home to go to one specific person, such as a spouse, child, or caregiver

• You live on a rented lot or family land and want to spare your heirs a court case

• You've already done a will but want this asset to pass faster and outside probate

It works best as part of a coordinated plan. Your will, beneficiary designations, and any land you own should all point in the same direction so your family isn't left sorting out conflicts.

Talk to a Texas Estate Planning and Texas Probate Attorney

Whether you want to set up a designation for your own home or you're trying to get a loved one's mobile home transferred after their death, a short consultation can confirm how the home is titled and which path fits your situation.

The Law Office of Ryan Putz handles estate planning, probate, and heirship matters throughout Montgomery, Harris, Galveston, Brazoria, Fort Bend, Walker, Liberty, Polk, Tyler, and Grimes Counties, with limited estate and probate services also available in Brewster and Presidio Counties. Call our office at (936) 978-2045 or email ryan@ryanputzlaw.com to talk through your situation.

This article is for general informational purposes only and does not constitute legal advice. Every estate is different. Please consult a licensed Texas attorney about your specific circumstances.