Detailed Answer

When someone passes away leaving a mobile home, the first step in a probate partition sale is determining whether the home counts as real estate or personal property. This classification drives how the property is sold, how notices go out to heirs, and how the proceeds get distributed.

Under North Carolina law, a mobile home starts out as personal property. G.S. § 105-273(8a) defines a “manufactured home” as personal property unless it becomes permanently affixed to real estate. To change that status, the owner must:

1. Remove the axle, wheels, and towing hitch.
2. Fasten the home to a permanent foundation.
3. Connect utilities like water, sewer, and electricity via permanent lines.
4. Record a declaration of affixation in the county Register of Deeds office.

Once these steps are complete and recorded, the mobile home attaches to the land and is taxed as real property. You can review the definitions in detail in G.S. § 105-273(8a) on the North Carolina General Assembly website: ncleg.gov/GS-105-273.

In a probate partition sale governed by Chapter 28A of the North Carolina General Statutes, the clerk of court or judge examines the decedent’s estate inventory and title records at the time of death. If the mobile home lacked the formal affixation steps and recorded declaration, it remains personal property. The sale follows the procedures in G.S. § 28A-6-8 for real estate or the rules for dividing personal property set out in G.S. § 28A-14-1.

Key factors courts look at include:

• Whether the certificate of title for the mobile home was surrendered to the Register of Deeds as required by G.S. § 105-277.
• Whether county tax records showed the home as a fixture to real estate.
• Physical evidence on the property of a permanent foundation and utility hookups.

When the court classifies the home, it sets the partition process in motion. A mobile home treated as real property requires a formal public sale of the land and home together. If the court deems it personal property, the sale or distribution can follow the rules for chattels, which often involves different notice requirements and appraisal processes.

Key Points to Remember

• Default Status: Mobile homes are personal property until permanently affixed and recorded.
• Affixation Steps: Remove wheels, install foundation, hook up utilities, record declaration.
• Statutory Guidance: See G.S. § 105-273(8a) and G.S. § 105-277 on ncleg.gov.
• Partition Rules: Real estate partitions follow G.S. § 28A-6-8; personal property distributions follow G.S. § 28A-14-1.
• Evidence Matters: Title surrender, tax records, and physical condition help the court decide.