Detailed Answer

Short summary: In Maine, the person appointed by the probate court as the estate’s administrator (sometimes called a personal representative) holds estate property only to manage and distribute it according to the will or Maine probate law. They do not automatically gain personal ownership of property you are entitled to inherit. If you believe an administrator is wrongly claiming ownership, you can challenge that claim in probate court and, if appropriate, in civil court. Acting quickly and using the proper probate procedures is essential.

Who is an administrator and what authority do they have?

An administrator (or personal representative) is appointed by the Maine Probate Court to gather the decedent’s assets, pay debts and taxes, and distribute remaining property to beneficiaries or heirs. The administrator’s legal powers come from the court’s appointment order and Maine probate law. Those powers typically include collecting estate assets, selling estate property with court approval when needed, and transferring title to heirs only after the estate’s administration is complete or as authorized by the court.

Why an administrator’s “claim of ownership” is usually not final

When an administrator says they own a piece of real property, they may mean one of several things:

• They claim the property is part of the estate and under their control while administration proceeds.
• They assert that title passed to them personally (this is uncommon and usually improper unless the court ordered distribution or a valid transfer document exists).
• They intend to sell the property for estate purposes and believe they have authority to do so.

Absent a specific court order or a valid deed transferring the property to the administrator in their personal capacity, the administrator is a fiduciary holding property for beneficiaries or heirs. You have the right to require proof that the administrator’s actions are lawful and to ask the probate court to enforce your rights.

Steps you can take to challenge the claim

1. Get basic documents immediately. Obtain certified copies of the will (if any), the probate court’s appointment order (letters of administration or letters testamentary), and the estate inventory/accounting. You can request these from the Maine Probate Court handling the estate. Maine court and probate resources: Maine Judicial Branch — Probate Information and the Maine Revised Statutes searchable site: Maine Revised Statutes.
2. Demand an accounting and inventory in writing. Administrators must inventory estate assets and, in many cases, provide periodic accounting to the court and beneficiaries. If the administrator refuses, you can file a formal motion in probate court to compel an accounting.
3. File an objection or formal petition with the probate court. If you believe the administrator is exceeding authority (for example, transferring the property to themselves, selling without court permission, or otherwise mismanaging the asset), you can file objections or petitions asking the court to:
• Declare that the property belongs to the estate and must be distributed to you (or to the named beneficiary).
• Set aside improper transfers.
• Remove or surcharge the administrator for misconduct or breaches of fiduciary duty.
• Freeze the asset or stop a sale while the dispute is pending (temporary relief).
4. Consider a quiet-title or ejectment action if appropriate. If title has already changed hands and the probate remedies are exhausted or unavailable, you may need to file a civil action (for example, quiet title or ejectment) in Maine Superior Court to clear title. Timing and procedure differ from probate remedies, so consult counsel.
5. Preserve evidence and avoid informal agreements. Keep copies of deeds, communications, receipts, appraisals, and any documents showing ownership history. Do not sign transfers or accept money without legal advice.
6. Act quickly. Probate matters have time limits and waiting too long can reduce your options. Object during the probate process rather than after distribution whenever possible.

Grounds the court will consider

The probate court will look at whether the administrator followed the law and the court’s orders. Common grounds for a successful challenge include:

• Administrator sold or transferred property without court authorization when court approval was required.
• Administrator converted estate property to personal use.
• Failure to include property in the estate inventory.
• Violation of the decedent’s will or intestacy rules under Maine law.

Possible outcomes

Outcomes depend on facts and proof. The probate court may order:

• Return of property to the estate and distribution according to the will or intestacy rules.
• Financial compensation from the administrator for loss or improper sale (surcharge).
• Removal of the administrator and appointment of a replacement.
• Denial of your claim if the administrator proves lawful authority or a valid transfer to a third party occurred.

Where to find the law and forms

Use these official resources to learn more and to find probate forms and local contact information:

• Maine Judicial Branch — Probate resources and forms: https://www.courts.maine.gov/courtinfo/resources/probate/
• Maine Revised Statutes (searchable): https://legislature.maine.gov/statutes/

When to get a Maine attorney

Challenging an administrator often requires courtroom filings and evidence of fiduciary wrongdoing. You should consult a Maine probate or real estate attorney if:

• The administrator refuses to provide an inventory or accounting.
• The administrator transferred title or sold the property without court approval.
• Large or unique property (e.g., family home or commercial real estate) is at stake.
• You want help filing motions, injunctions, or a quiet-title action.

Disclaimer: This article explains general Maine probate concepts and is not legal advice. It does not create an attorney‑client relationship. For advice about a specific situation, consult a licensed Maine attorney.

Helpful Hints

• Immediately request certified copies of the appointment order (letters), will, and inventory from the probate court handling the estate.
• Keep a dated paper record of all communications with the administrator and other beneficiaries.
• Do not sign any deed, release, or sale document without first checking with the probate court or an attorney.
• If you fear an imminent sale or transfer, ask a lawyer about emergency probate motions or temporary injunctive relief to freeze the asset.
• Check county deed records to see whether title has already changed hands; if it has, note the date and grantee before seeking civil remedies.
• If the administrator is a paid professional or financial institution, review the estate accountings carefully—those fiduciaries are held to strict standards.
• Consider mediation if beneficiaries can still negotiate a settlement before or during litigation.