How can I remove or sell an abandoned mobile home left by a deceased resident on my lot? - Pennsylvania
The Short Answer
In Pennsylvania, you generally cannot simply “take” or sell a deceased resident’s mobile home just because it was left on your lot. In most cases, the home becomes part of the decedent’s estate and must be handled by the estate’s personal representative (executor/administrator) or through an Orphans’ Court process before it can be lawfully sold or transferred.
What Pennsylvania Law Says
When someone dies, Pennsylvania law distinguishes between who holds title to personal property versus real estate, and it gives the estate’s personal representative authority to take possession of and administer estate property. A mobile home is often treated as personal property for many purposes, and even when it is taxed like real estate, it can still be treated as tangible personal property in other contexts—so the “right” legal path depends on how the home is titled and assessed.
The Statute
The primary law governing who controls a decedent’s personal property is 20 Pa.C.S. § 301.
This statute establishes that legal title to a decedent’s personal estate passes at death to the decedent’s personal representative (if one is appointed), which is why a lot owner typically needs to work through the estate (or the court) rather than acting unilaterally.
Related authority that often matters in practice: the personal representative generally has the right to take possession of and administer estate assets (20 Pa.C.S. § 3311) and may sell personal property of the estate (20 Pa.C.S. § 3351), subject to the will (if any) and other limits.
Also, if the home is going to be moved, Pennsylvania law can require tax removal permits and payment of assessed taxes before removal (53 Pa.C.S. § 8821), which can become a major practical barrier when the titled owner is deceased and no estate is opened.
For additional background, you may find these helpful: How to transfer a Pennsylvania mobile home title through probate and notice and waiting periods before disposing of an abandoned mobile home in Pennsylvania.
Why You Should Speak with an Attorney
While the statutes provide the general rule (estate control and authority to sell), applying it to a mobile home left on a rented lot is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: If you dispose of the home or its contents too early (or without proper authority), you can trigger claims by heirs, creditors, or the estate for conversion or damages—especially if the estate is later opened and asserts rights under Pennsylvania probate law.
- Burden of Proof: You may need to prove who has authority to act (letters testamentary/administration), whether the home is titled and in whose name, and whether taxes, liens, or secured interests exist before any sale or removal is lawful.
- Exceptions and Classification Issues: Mobile homes can be treated differently depending on titling, tax assessment, and whether removal permits/taxes apply. Pennsylvania’s mobile home tax/removal-permit rules can create additional compliance issues before a move (53 Pa.C.S. § 8821).
Trying to handle this alone can lead to costly disputes with heirs or an estate that later appears, delays in clearing your lot, and problems completing a lawful transfer or removal.
Get Connected with a Pennsylvania Attorney
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.