Are Mobile or Manufactured Homes Considered Real Property for Probate Purposes?

andrew • October 28, 2022

Mobile and manufactured homes can often feel or appear as though they would be counted as real property. In Colorado, however, the default classification for a mobile or manufactured home is that it is personal property. This classification is significant because a probate case must be opened in Colorado for any estate that includes real property (also any estate with over $74,000 in assets, as of this writing).
The exception to this classification is if a Certificate of Permanent Location is recorded for a manufactured home at the county Clerk and Recorder’s office where the home is located. This process is discussed in the Colorado Revised States in Section 38-29-202 and transforms the property from personal property into real property attached to the land. This has the consequence of forcing the estate to participate in the probate process and also opens it to taxation as it is now taxable real estate.

When the cumulative value of personal property is below $74,000 as of this writing and there is no real estate that is part of the estate, a “ Small Estate Affidavit ” may be used instead of having to go through either the formal or informal probate process. This can save time and money and is much easier to administer than either a formal or informal probate. Even if your estate is larger than $74,000, there are ways in which you can distribute the assets so as to allow loved ones to use this simpler affidavit to administer your estate instead of filing and administering a probate. Some potential options include jointly titling assets, designating beneficiaries, transfers on death, and the creation of trusts.

If you are administering an estate that includes a mobile or manufactured home, or would like to plan a way to transfer your assets outside of the probate process, please contact our office to schedule a discovery meeting.

What next?

If you think it might be time to think through your estate plan, you can:

Give us a call at 720-821-7604 to schedule a "Discovery Session" at which we can determine whether our firm would be a good fit for your needs. Or fill out our contact form to have us call you.
Visit our estate planning page to learn more about how proactively thinking through your estate plan can protect you and your family, minimize hassle, lower the chance of family discord, and minimize or eliminate taxes.
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