Detailed Answer

When someone dies and an administrator (also called a personal representative) is appointed by the probate court, that administrator manages the decedent’s estate. The administrator has powers to preserve, collect, and sometimes sell estate property, but those powers are limited by the Minnesota Probate Code and by the orders of the court. If you believe the administrator is claiming personal ownership of a piece of real property that lawfully passes to you as an heir, you have several routes to challenge that claim.

Key legal reference: Minnesota’s probate rules and the duties of a personal representative appear in the Minnesota Probate Code (Chapter 524). See the Code here: Minn. Stat. Chapter 524.

Basic principles

• An administrator holds authority from the probate court, not personal title to estate property. The administrator may take actions necessary to administer the estate, subject to court supervision.
• If property passes to heirs (by will or by intestacy), the administrator generally cannot convert that property into personal ownership except as permitted by the court or by law.
• If an administrator transfers, sells, or claims title to estate property improperly, affected heirs can ask the probate court to reverse the transfer, demand an accounting, remove the administrator, or seek other relief through probate or civil courts.

Common actions you can take

1. Obtain the probate case documents. Find the probate case file in the county where the decedent lived or owned property. Confirm who the personal representative is and whether the court issued Letters of Administration or Letters Testamentary. These letters state the scope of the administrator’s authority.
2. Request or review the inventory and accounting. The personal representative is required to identify and account for estate assets to the probate court. If the administrator has not filed an inventory or an accounting, you can file a request or motion in probate court to compel one. The probate docket will show filings and any orders.
3. Ask the administrator for documents and a title search. Request copies of deeds, sale documents, transfer instruments, and any court orders authorizing a transfer. Run a county land-records search to confirm current recorded title.
4. File objections or a formal petition in probate court. You may file a written objection or a petition asking the court to: (a) determine ownership of the property, (b) void or unwind an improper transfer, (c) surcharge (hold the administrator financially responsible) for losses caused by misconduct, or (d) remove the administrator for breach of duty. The court oversees these matters and can order remedies.
5. Pursue emergency relief if needed. If the administrator is about to sell, transfer, or encumber the property, you can ask the court for a temporary restraining order or preliminary injunction to stop the transaction until the court decides the dispute.
6. File a civil action if appropriate. Depending on the circumstances you may have an independent civil claim (for example, quiet title, replevin, or conversion). Many property disputes involving estate property are handled first in probate; courts will often expect you to bring claims within the probate case or to seek them with reference to the probate proceedings.
7. Seek removal or surcharge of the administrator. If the administrator breached fiduciary duties (misused estate property, failed to account, misapplied funds), the court can remove the administrator and order financial recovery from the administrator personally.

Practical example (hypothetical)

Suppose the decedent’s sibling was appointed administrator and recorded a deed purporting to transfer the decedent’s house into the administrator’s name without court approval. An heir who expects to inherit the house should:

• Check the probate docket to confirm the appointment and search recorded land records to confirm the deed.
• File a motion in the probate case asking the court to declare the transfer void, require the administrator to account for the transaction, and order return of the property to the estate for distribution.
• Ask for temporary relief to block any pending sale or financing.
• If the court finds misconduct, request surcharge against the administrator and consider asking the court to appoint a neutral fiduciary to handle estate property.

Timing and deadlines

Act promptly. Probate courts supervise administration continuously, and delay can make it harder to undo transfers or obtain emergency relief. Some remedies have statute-of-limitations or procedural deadlines. If property has already been transferred to an innocent third party, the legal analysis can become more complex.

Evidence you will need

• Probate case number and Letters of Administration.
• Deeds, transfer instruments, and recordings from the county recorder.
• Any written communications, bank records, appraisals, or documents showing how the administrator handled the property.
• Title searches showing current record title.

When to get a lawyer

If the administrator refuses to provide basic information, has already transferred or sold the property, or if the case involves large or contested assets, consult an attorney experienced in Minnesota probate and real property disputes. An attorney can file the correct pleadings, request emergency relief, and represent you at hearings.

For general reference on the duties and powers of personal representatives under Minnesota law, see: Minn. Stat. Chapter 524 (Minnesota Probate Code).

Important: This article explains common procedures and options under Minnesota law but does not provide legal advice specific to your situation.

Helpful Hints

• Locate the probate case and obtain the Letters of Administration first. These are the starting point for any challenge.
• Run a title search at the county recorder’s office to see who currently holds the deed.
• Request an accounting and inventory in writing; document any refusals or delays from the administrator.
• Preserve evidence: save emails, texts, bills, appraisals, and any records of transfers.
• Act quickly if a sale or encumbrance is imminent—ask the probate court for temporary relief to stop transfers.
• Consider mediation if heirs and the administrator can negotiate; courts often approve consensual settlements that avoid lengthy litigation.
• If the administrator has legitimate authority (a court order or explicit authorization), get court permission before trying to reverse a transfer—ignoring a court order may create risk for you.

Reminder: This information is educational only and does not create an attorney–client relationship. For advice tailored to your facts, consult a Minnesota probate or real property attorney.