Legal Question in Wills and Trusts in California

Re: Does the will have priority over a listing contract to sale the mobile home

in order to answer these questions the will and contract of sale must be reviewed. you should retain an attorney to assist you.

Re: Does the will have priority over a listing contract to sale the mobile home

Based on what you've described, there is no actual contract to sell the home, only a listing agreement for the agent to attempt to sell it. There is no contract to sell until there is an accepted offer.

The listing agreement is a contract between a principal (in this case the deceased) and an agent to do certain things (e.g. to sell the property). A listing agreement is basically an agency contract, and like all agency contracts, it is terminated with the death or incapacity of the principal.

Because the owner of the mobile home has passed away, the agency agreement terminated and the listing agreement is without effect.

However, if there is an accepted offer on the mobile home (meaning someone has agreed to buy it), the estate must honor the contract and sell the mobile home to the buyer. Whether the person designated in the will gets the proceeds, depends on the language in the will, and that would have to be reviewed by an attorney.