The Short Answer

In Florida, a mobile home that is titled like a vehicle is generally transferred through the Florida title system using “operation of law” rules, and the paperwork you need depends on whether there is a probate case, whether the owner had a will, and whether the estate is solvent. If probate is required, the personal representative’s authority (and the correct supporting documents) is often the key to getting the Department of Highway Safety and Motor Vehicles (DHSMV) to issue a new title.

What Florida Law Says

Florida treats certain mobile homes like motor vehicles for titling purposes. When ownership changes because the owner died, the transfer is considered a transfer “by operation of law,” and DHSMV can issue a new certificate of title when the applicant provides the prior title (if available) or other satisfactory proof of ownership and right of possession, plus the required application and fees.

The Statute

The primary law governing this issue is Fla. Stat. § 319.28.

This statute establishes that when a motor vehicle or mobile home transfers by inheritance/devise (or other legal process), DHSMV may issue a new title upon surrender of the prior title (or satisfactory proof if the title can’t be surrendered) and appropriate supporting documents—sometimes including affidavits and, depending on the situation, proof related to the will or probate.

In addition, Florida probate law gives the personal representative broad authority to take control of estate property for administration, which is often necessary when dealing with titled assets. See Fla. Stat. § 733.607.

If the mobile home’s title has been “retired” because it is permanently affixed to land, the transfer may be handled more like real estate instead of a vehicle title issue. See Fla. Stat. § 319.261.

Related reading: What Documents Are Needed to Transfer a Vehicle Title After a Death in Florida? and Can I Sell or Transfer a Deceased Person’s Vehicle During Estate Administration in Florida?.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Florida title transfers can involve timing requirements and penalties if applications are not filed timely in certain transfers (for example, Florida’s title application rules include time-based filing requirements in other contexts). Missing a deadline can create avoidable fees or complications.
• Burden of Proof: If the original certificate of title is missing, or if there are liens, co-owners, or conflicting heir claims, DHSMV typically requires “satisfactory proof” of ownership and right of possession under Fla. Stat. § 319.28—and what is “satisfactory” can be very fact-specific.
• Exceptions: The correct path can change if (a) the owner died with a will vs. without a will, (b) the estate is solvent vs. has debts, (c) the mobile home is titled as a vehicle vs. the title was retired and it’s treated as real property under Fla. Stat. § 319.261, or (d) there are multiple owners listed as “and” vs. “or” on the title (which affects who must sign).

Trying to handle this alone can lead to rejected filings, delays in distributing the estate, or disputes among heirs—especially when the mobile home is a major asset or is tied to land, a park lease, or outstanding liens.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.