[WSBAPT] Mobile Home as Personal or Real Property

[Bryce Dille]

I think that RCW 65.20.030 is clear on the subject where it states ‘The manufactured home shall not be real property in any form, including fixture law, unless title is eliminated under this chapter’.  Therefore manufactured home is personal property unless title is eliminated although it may be taxed as real property. In my experience if it is older home especially if a single wide the cost of removal and relocation is more then the home is worth especially if it is 8 or years old.

Bryce H. Dille
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kira Rubel
Sent: Wednesday, August 4, 2021 1:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Mobile Home as Personal or Real Property

Hello, List!  I am running up against some confusing statutes and need guidance from the braintrust!

Decedent leaves personal property to son, and the residue to his brother. Son and he were estranged, but he did want his son to have his personal items. His brother and he were close, and he wanted the brother to have all his assets.

In addition to a couple of other minor assets, Decedent also owned a mobile home, which was definitely not "mobile" (affixed to the property, sewage, electrical, etc.), and leased the land upon which it sits.

Now, the question is - is this personal or real property? RCW 84.04.090 states that it is real property for purposes of taxation, but there is conflicting information in RCW 65.20.030 which discusses the fact that a mobile home is only considered real property once the title has been eliminated and same recorded in the county assessor for purposes of perfecting a security interest.

Does anyone know the answer to this in terms of probating this particular asset?

Many thanks!

Kira M. Rubel, Esq.

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