Short Answer

In North Carolina, you can clear out and sell or donate the contents inside a deceased tenant’s unit by filing a simple affidavit with the Clerk of Superior Court and following a 90‑day hold and notice process. The mobile home itself is different: because it is titled personal property, you generally need cooperation from the heirs to transfer title or you must get a personal representative appointed; title transfer does not wipe out any DMV‑recorded liens. Timing and notices are critical.

Understanding the Problem

You manage a North Carolina mobile home community and ask: can I remove or sell a deceased resident’s mobile home left on my lot when I cannot reach any heirs and I don’t have the lease or title? You want to stop unpaid lot fees and utilities from piling up and legally clear the space.

Apply the Law

North Carolina law provides a streamlined process for landlords to take possession of and dispose of a deceased tenant’s tangible personal property left in a dwelling unit after a short waiting period, through an affidavit filed with the Clerk of Superior Court. A manufactured/mobile home, however, is a titled vehicle under DMV rules. Moving or selling the home itself typically requires a valid title transfer (often by an heir affidavit certified by the clerk) or action by a court‑appointed personal representative. If a spouse co‑owned the mobile home as tenants by the entirety, the surviving spouse owns it automatically. The primary forum is the Clerk of Superior Court (Estates Division), and key timing points include a 10‑day wait after the paid rental period ends, a 90‑day holding period for stored property, and at least 7 days’ notice before any sale of contents.

Key Requirements

• Affidavit to remove contents: After at least 10 days from the end of the paid rental period, file the AOC affidavit with the Clerk in the county where the unit sits; pay the fee; mail/post required notices; then you may remove and store contents for 90 days.
• Disposition after 90 days: If no estate representative appears, you may sell the stored contents with 7‑day notice (and remit any surplus to the Clerk with an accounting) or donate to a qualifying nonprofit.
• Mobile home title: The home itself is titled personal property. Transfer usually requires an heir affidavit certified by the Clerk or action by a personal representative; title transfer does not affect recorded liens, and lienholders must be respected.
• Spousal co‑ownership: If spouses held the mobile home as tenants by the entirety, the survivor owns it and can retitle it with a death certificate.
• If no heirs step up: A creditor/landlord may ask the Clerk to appoint a personal representative or public administrator so title can be transferred or the home sold; procedures vary by county.

What the Statutes Say

• N.C. Gen. Stat. § 28A-25-7 (Landlord removal of deceased tenant’s property) – Affidavit process, storage for 90 days, notices, sale/donation, and surplus handling.
• N.C. Gen. Stat. § 20-77(b) (Affidavit to transfer title of decedent’s motor vehicle) – Clerk-certified heir affidavit for DMV title; transfer does not impair valid liens.
• N.C. Gen. Stat. § 41-56(d) (Mobile homes held by spouses) – Spouses take as tenants by the entirety unless title shows otherwise; survivor owns upon death.

Analysis

Apply the Rule to the Facts: You can promptly regain control of the lot by filing the landlord affidavit with the Clerk after 10 days from the end of the last paid rental period; that lets you remove and store the contents from inside the unit, then sell or donate them after 90 days with proper notice and accounting. The mobile home itself is titled personal property; because you lack title and cannot reach heirs, you will likely need either an heir affidavit certified by the Clerk (if heirs cooperate) or appointment of a personal representative/public administrator to transfer or sell the home, all subject to any DMV‑recorded liens.

Process & Timing

1. Who files: The landlord. Where: Clerk of Superior Court (Estates Division) in the county where the unit is located. What: AOC‑E‑450, Affidavit for Removal of Personal Property of Deceased Residential Tenant. When: File after at least 10 days have passed from the end of the paid rental period; include the death certificate and an inventory; pay the filing fee.
2. After filing, remove contents and store them in‑county (or adjacent if necessary). Send a copy of the affidavit to the tenant’s emergency contact; if none, post notice at your primary rental office and at the courthouse. Hold the property for 90 days. If letters are issued to a personal representative during this period, deliver the property to them.
3. After 90 days with no estate action: either (a) sell the contents—give the Clerk 7 days’ written notice and post sale notices; apply proceeds to allowed charges and remit any surplus to the Clerk with an accounting—or (b) donate the contents to a qualifying nonprofit and file an accounting with the Clerk.

Exceptions & Pitfalls

• The affidavit process covers contents inside the unit; it does not by itself authorize transfer or sale of the mobile home structure, which is titled personal property.
• If the title lists both spouses (tenancy by the entirety), the surviving spouse owns the mobile home at death; contact and coordinate with the spouse rather than proceeding toward sale.
• Recorded DMV lienholders’ rights survive; do not move or sell the mobile home without addressing liens and title—transfers under the heir affidavit do not extinguish liens.
• If a personal representative, collector, or receiver is appointed before you dispose of the stored contents, you must turn the property over to them.
• For low‑value contents (total value $500 or less), special donation rules apply; follow storage and notice requirements before delivering to a qualifying nonprofit.
• If no heirs step forward and title transfer stalls, consider petitioning the Clerk to appoint a personal representative or public administrator so the mobile home’s title can be lawfully transferred or sold.

Talk to a Probate Attorney

If you’re dealing with a deceased resident’s mobile home and need to clear the lot, transfer title, or coordinate a sale, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.