Understanding Your Options When an Administrator Claims Ownership of Estate Real Property

Short answer: Yes — in Colorado you can challenge an administrator’s claim that they own real property that should pass to you as an heir or beneficiary. The administrator (also called the personal representative) generally holds legal title only as a fiduciary for the estate. If the administrator acts outside that role (for example, by trying to take the property for themself, sell it without authority, or record title in their personal name), you have several civil remedies through the probate court and, in some cases, criminal remedies.

Detailed answer — how Colorado law treats an administrator’s claim and what you can do

Who holds legal title during probate: Under Colorado probate law (see Colorado Revised Statutes, Title 15), a personal representative receives letters testamentary or letters of administration that authorize them to collect estate assets, pay debts, and distribute property following the will or intestacy rules. Those letters do not convert estate property into the personal property of the administrator. See Colorado Revised Statutes, Title 15 (Probate, Trusts, and Fiduciaries) for the governing framework: Colorado Rev. Stat. Title 15.

When an administrator’s claim to ownership is improper: You may have reason to challenge the administrator if they have:

Recorded a deed transferring estate real property into their personal name or to a third party without court authorization;
Sold or conveyed property without court approval when approval was required;
Refused to deliver possession of property that the estate will distribute to you;
Converted estate assets for personal use (misappropriation); or
Failed to account for estate assets or misled heirs about estate property.

Common remedies in Colorado probate practice

Request the estate file and letters of administration. The letters show the scope of the administrator’s authority. If the administrator’s acts exceed those powers, the court can act.
Demand an inventory and accounting. Colorado law requires administration records and accountings; you can petition the court to compel an accounting and examine estate records. If the personal representative fails to produce an inventory or accounting, file a motion in probate court requesting remedial orders.
File a petition for an order of turnover or reconveyance. If title was improperly transferred, ask the probate court to order that title be returned to the estate or that the transfer be set aside.
Move to remove the personal representative. If the administrator breaches fiduciary duties or mismanages assets, you can petition the court to remove them and appoint a successor trustee or administrator.
Surcharge and damages. The court can surcharge (monetarily charge) a personal representative who improperly handled estate assets, ordering them to reimburse the estate for losses.
Temporary injunctive relief. If a sale or transfer is imminent, ask the probate court for a temporary restraining order or preliminary injunction to block transfers while the court resolves the dispute.
Quiet-title action after probate. Once the estate is properly administered, you can bring or defend a quiet-title action if there is a claim recorded against property.

Possible criminal remedies. In some situations — for example, knowing conversion or theft of estate property — criminal charges may apply. Report suspected criminal conduct to law enforcement; criminal investigations proceed separately from civil probate remedies.

How to proceed step-by-step (practical checklist)

Preserve evidence. Keep copies of deeds, recorded documents, communications with the administrator, and any probate filings you can access.
Check the public record. Search the county recorder’s office for deeds, liens, and transfers affecting the property.
Obtain the letters. Request a copy of the administrator’s letters from the probate court to see their authority.
Ask for an inventory and accounting in writing. If you don’t receive one, prepare to file a petition with the probate court.
File a petition in probate court. Typical petitions include petitions for accounting, petition to compel turnover, petition to remove personal representative, and motions to enjoin transfers.
Consider alternative dispute resolution. Mediation or settlement may resolve disputes more quickly and cheaply than litigation.
Get legal help. Probate law is technical. A Colorado probate attorney can identify the correct pleadings and deadlines and represent you in court.

Timing and urgency

Act quickly. Many probate remedies become harder or impossible if property transfers or distributions occur. While exact procedural deadlines vary with the court and the specific relief sought, courts expect beneficiaries to raise objections promptly. If a sale or transfer looks likely, ask the court for emergency relief immediately.

Evidence you’ll want to gather

Letters of administration or letters testamentary
Recorded deeds and chain of title
Probate filings (petitions, inventories, accountings)
Bank statements, closing statements, or receipts showing transfers or sales
Communications (emails, texts, letters) with the personal representative

Where to look in Colorado law

Primary source material for these issues sits in Colorado’s probate statutes (Title 15). For practical court rules and forms, see the Colorado Judicial Branch website’s probate/forms pages and the statutes at the Colorado General Assembly website: Colorado Rev. Stat., Title 15. Court procedures and local practice (scheduling, filings, emergency motions) vary by county — check the local probate court rules and the Colorado Judicial Branch for forms and filing instructions.

Important: This article summarizes typical civil remedies and common practice under Colorado probate law. Specific statutes and rules apply to different claims; a lawyer can point you to the exact statutory sections and court rules that govern your situation.

Disclaimer

This is general information and not legal advice. Nothing in this article creates an attorney-client relationship. For advice about your specific situation and filing required pleadings or motions, consult a licensed Colorado probate attorney.

Helpful Hints

Act early. Probate disputes often hinge on timely objections and motions.
Keep records. Document every contact with the administrator and every document you find in public records.
Don’t attempt self-help to seize property. Always use the court process; taking matters into your own hands can harm your case.
Ask the court for emergency relief if a sale or transfer is about to happen.
Check the county recorder online before hiring counsel — public records often reveal whether a deed or transfer already occurred.
Consider an attorney for a limited scope (e.g., drafting a single petition) if full representation is cost-prohibitive.
Be mindful of costs. Probate litigation can be expensive; weigh the value of the property and the strength of your evidence when deciding how aggressively to proceed.