Can I challenge the administrator’s claim to ownership in the real property I’m entitled to inherit?

Short answer: Yes — in Connecticut you can challenge an administrator’s claim if the administrator improperly asserts ownership or otherwise mishandles real property that belongs to the decedent’s estate or to you as an heir. An administrator is a fiduciary who holds legal possession to manage and distribute estate property; heirs and beneficiaries often hold equitable interests. If the administrator acts outside the authority granted by the probate court or converts estate property for personal use, you can ask the probate court to intervene and, in some situations, file actions in Superior Court (for example, to quiet title or recover property).

How Connecticut law treats administrators and heir rights

Under Connecticut probate law, when someone dies without a validly appointed executor (or when an executor is not available), the probate court appoints an administrator to gather assets, pay debts, and distribute remaining property to heirs or beneficiaries. The administrator has custody and control of estate property only for administration purposes. The administrator does not own estate property for personal use.

Statutory rules and court procedures that govern administrators, fiduciary duties, inventories, accountings, and contests are found in Connecticut probate law (Title 45a of the Connecticut General Statutes) and in Probate Court rules and forms. For general statutory materials and to search specific statutes, see the Connecticut General Assembly website: https://www.cga.ct.gov/ . For probate court procedures and forms, see the Connecticut Judicial Branch Probate Courts: https://www.jud.ct.gov/probate/ .

When you can challenge an administrator’s claim to property

You may have grounds to challenge the administrator’s claim under any of these common situations:

Administrator asserts personal ownership of property that should pass to you or the estate.
Administrator refuses to deliver property to rightful heirs or distribute according to the will or intestacy rules.
Administrator sold, transferred, encumbered, or otherwise disposed of real property without court authorization.
Administrator failed to list property on the estate inventory or understated its value.
Administrator engaged in self-dealing, conflicts of interest, or conversion of estate assets.

Practical steps to challenge the administrator

1. Obtain the probate file and documents. Request copies of the probate petition, the administrator’s appointment order, the estate inventory (if filed), and any accountings. Contact the probate court where the estate is being administered or use the Judicial Branch probate website: https://www.jud.ct.gov/probate/ .

2. Ask for an accounting or inventory. Connecticut probate procedure lets interested persons request an accounting or a corrected inventory. If the administrator refuses, you can file a formal petition in probate court asking the court to order an accounting and/or to compel turnover of property.

3. File a petition in probate court. Typical probate petitions include petitions to compel an accounting, petitions to surcharge a fiduciary (seek money damages for wrongdoing), petitions for removal of the administrator, and petitions for instructions or directions. The probate court can reprimand or remove an administrator and order return of estate property.

4. Consider a Superior Court action if appropriate. If title disputes or adverse possession/quiet title issues arise, you might need to file in Connecticut Superior Court to quiet title or seek injunctive relief. For wrongful possession or conversion, a civil action may be appropriate. Coordinate this with probate remedies because courts sometimes coordinate claims to avoid conflicting rulings.

5. Preserve evidence and document everything. Keep copies of deeds, titles, tax bills, correspondence, photos, keys, and anything that shows ownership or possession before and after death. These documents support your claim.

Possible remedies

Order to return property to the estate or to the rightful heir.
Removal of the administrator and appointment of a different fiduciary.
Surcharge (monetary liability) against the administrator for losses caused by wrongful acts.
Quiet title action in Superior Court to establish legal ownership.
Injunction or writs to prevent sale, transfer, or further encumbrance while the dispute resolves.

Timing and deadlines

Time matters. Probate and civil procedures have strict deadlines for filing challenges, contests, and claims. Some probate contests and actions to remove or surcharge a fiduciary must be filed promptly after you learn of the wrongful act. If you delay, you may lose the right to some remedies. Contact the probate court quickly and consult with an attorney to preserve your rights.

How a lawyer can help

An attorney with experience in Connecticut probate and real property can:

Review the probate docket and filings to identify procedural options and deadlines.
Prepare and file petitions in probate court (accounting, surcharge, removal) and, if needed, file Superior Court actions (quiet title, conversion).
Gather and preserve evidence, subpoena records, and represent you at hearings.
Negotiate resolutions or settlements to avoid protracted litigation.

What to expect at the probate hearing

At a probate hearing the court will consider the administrator’s written filings, your petition or objection, and any supporting evidence. The judge can order an accounting, direct return of specific property, remove the administrator for misconduct, or impose financial liability if the administrator misused estate assets. If the dispute turns on title issues outside probate scope, the judge may direct the parties to Superior Court.

Helpful links

Connecticut Judicial Branch Probate Courts: https://www.jud.ct.gov/probate/
Connecticut General Assembly (search statutes and Title 45a probate statutes): https://www.cga.ct.gov/

Helpful Hints

Act quickly. Probate matters have strict timelines.
Get certified copies of the probate appointment order and any inventory or accounting filed by the administrator.
Document your prior ownership ties to the property (deeds, tax receipts, mortgage statements, correspondence, photographs).
Ask the probate court clerk about forms and local practice; clerks can direct you to standard petitions and filing procedures but cannot give legal advice.
Consider mediation if both sides want to avoid court; probate courts sometimes encourage settlement.
Consult a Connecticut attorney experienced in probate and real property to evaluate complexities like potential creditors, liens, or competing claims.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. For advice about your specific situation and deadlines in Connecticut, consult a licensed attorney with probate and real property experience.