It depends on how Arizona classifies your home. That label controls whether your home goes through probate. It also affects how the process works.
Real Estate vs. Personal Property
In Arizona, a mobile or built home can be either real estate or personal property. The type matters. Each follows different rules for passing ownership after the owner dies.
A built home counts as real estate when two things are true. First, it is fixed to land the owner also owns. Second, an affidavit of affixture has been filed with the county recorder. That filing turns the home from personal property into real property. After that, the law treats it just like a regular house.
If no affidavit has been filed, the home counts as personal property. Think of it like a car. It has a title from the Arizona Department of Transportation (ADOT), not a deed from the county.
Probate for Real Property Manufactured Homes
If your home counts as real estate, it goes through the same probate process as any other house. The home becomes part of the estate. It must transfer through a will, trust, or state default rules (when there is no will).
The good news is that real property homes qualify for the same tools that skip probate:
- Transfer on death deed. Arizona lets homeowners file a beneficiary deed under A.R.S. 33-405. This sends the home straight to the person you choose at death. No probate needed.
- Living trust. Moving the home into a living trust keeps it out of probate. The trustee transfers it to your heirs based on the trust terms.
- Joint tenancy with right of survivorship. If the home is held this way, it passes to the other owner at death on its own.
Probate for Personal Property Manufactured Homes
If your home still counts as personal property, the rules change. You cannot file a beneficiary deed for personal property. The title must transfer through the estate. That usually means probate.
But Arizona has a shortcut for smaller estates. Under A.R.S. 14-3971, if the total value of personal property (minus liens) is $75,000 or less, heirs can use a small estate form. No probate case is needed. Many mobile homes fall under this limit.
Converting to Real Property
Filing an affidavit of affixture turns a mobile home from personal property into real estate. The process is fairly simple. You file the form with the county recorder and give up the ADOT title. Once filed, the home is treated as part of the land.
This opens up more planning options. You can use a transfer on death deed or a living trust. It may also change your property taxes and loan choices.
What to Do Now
If you own a mobile or built home in Arizona, start by finding out how it is classified. Check whether an affidavit of affixture has been filed. If not, think about whether it makes sense to convert it.
Either way, putting a plan in place now can save your family from a long and costly probate process later. A simple beneficiary deed or a living trust can make all the difference for the people you leave behind.