Detailed Answer
Short answer: Yes — under Maryland law you generally can challenge a person appointed as an administrator who claims ownership of real property that should be part of an estate you inherit. The challenge usually happens in the probate (Orphans’) court and can include requests for an accounting, removal of the administrator, a petition to quiet title, and claims for return of converted property.
How probate and administration work in Maryland (baseline)
When someone dies without a valid will or when a will does not name a personal representative, the court appoints an administrator (also commonly called a personal representative) to collect estate assets, pay debts, and distribute property to heirs. Maryland’s probate process is handled by the Orphans’ Court and Register of Wills in each county. For general statutory text for Maryland’s Estates & Trusts law, see the Maryland Code, Estates & Trusts (Maryland General Assembly):
https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=est.
Common reasons to challenge an administrator’s claim to estate real property
- The administrator claims ownership in their name (or transfers/sells the property) even though the property belongs to the decedent’s estate.
- The administrator failed to list the property in the estate inventory or failed to disclose the asset to heirs.
- The administrator was improperly appointed (procedural defects, fraud, lack of notice to interested persons).
- The administrator is mismanaging or wasting estate assets, converting property for personal use, or acting in bad faith.
- The property is alleged to have passed by intestacy or by will to you, but the administrator claims otherwise.
Where you challenge
Probate disputes are typically brought in the Orphans’ Court (or in some counties, the Circuit Court functions with probate matters). See the Maryland Orphans’ Court information page: https://www.mdcourts.gov/orphanscourt. The Orphans’ Court handles petitions involving administration, accounts, removal of personal representatives, and related matters.
Typical legal actions and remedies
- Demand and documentation: Request (in writing) that the administrator provide a copy of the Letters of Administration and the estate inventory/accounting. Under Maryland practice, heirs and interested persons are entitled to notice and to review probate filings.
- Petition to compel an inventory or accounting: File a petition in the Orphans’ Court asking the court to order the administrator to inventory estate assets, explain transactions, and render an accounting of receipts and disbursements.
- Petition for removal or surcharge: If the administrator has mismanaged or converted estate property, you can ask the court to remove the administrator and to surcharge (hold them financially liable for) losses caused by misconduct.
- Petition to revoke letters: In severe cases (fraud, failure to qualify, or other disqualifying issues), ask the court to revoke or vacate the administrator’s appointment.
- Quiet title or ejectment actions: If the administrator improperly recorded title, conveyed, or is occupying property, you can file a civil action (quiet title, ejectment, or replevin) in the Circuit Court to clear title or recover possession. The probate court remedies and civil remedies often work together.
- Temporary relief: If the administrator is about to sell or encumber the property, you may seek injunctive relief (e.g., temporary restraining order or preliminary injunction / lis pendens) to freeze transactions until the dispute is resolved.
What you must prove
Generally you must show one or more of the following, depending on the remedy sought:
- The property belonged to the decedent at death and therefore is estate property.
- The administrator lacks authority to claim personal ownership or to transfer the property.
- The administrator failed to follow statutory probate procedures or engaged in fraud, self-dealing, or conversion.
- There was a procedural defect in the appointment (lack of proper notice to interested parties, improper service, etc.).
Important practical steps to take now
- Get the Letters and inventory: Ask the Register of Wills or the Orphans’ Court clerk for a copy of the Letters of Administration and any filed inventory or account. The state court pages explain how to access probate files: https://www.mdcourts.gov/legalhelp/estateprobate.
- Do a title search: Check land records to see who holds title or if any conveyance was recorded. Maryland land records are indexed at the county-level — check the county clerk/land records office where the property lies.
- Preserve evidence: Gather deeds, correspondence, emails, bank records, photographs, eyewitness contacts, and any documents showing the decedent’s ownership or the administrator’s actions.
- Act promptly: Probate and property claims have time limits and procedural deadlines. Even if you are unsure what to do, filing a timely petition or requesting a hearing preserves your rights.
Who can file
Interested persons — typically heirs, beneficiaries under a will, creditors, or others with a legal interest in the estate — have standing to file petitions in Orphans’ Court. If you are an heir or beneficiary, you normally qualify as an interested person.
Costs and likely timeline
Litigation timelines vary. Small petitions (compel accounting, demand inventory) may resolve in weeks to months if the court orders simple relief. Complex contests (fraud, removal, quiet title) may take many months or longer. Expect court filing fees and possibly the need for counsel; courts may consider awarding costs or surcharges against a removed administrator if misconduct is shown.
When to involve a lawyer
Consider hiring an attorney if the administrator has already transferred or sold property, you suspect fraud, the administrator refuses to account, or significant value is at stake. Probate, title, and real estate claims overlap and can be procedurally complex.
Relevant resources:
- Maryland Orphans’ Court: https://www.mdcourts.gov/orphanscourt
- Maryland Courts — Estate & Probate information: https://www.mdcourts.gov/legalhelp/estateprobate
- Maryland Code, Estates & Trusts (statutory text): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=est
Bottom line: You have clear procedural tools in Maryland to challenge an administrator who wrongly claims estate real property. Start by obtaining the Letters of Administration and any inventory, preserve evidence, and file a timely petition in the Orphans’ Court if necessary. Because deadlines and remedies can be technical, consult an attorney experienced in Maryland probate and real estate litigation as soon as possible.
Disclaimer: This information is educational only and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Maryland attorney.
Helpful Hints
- Ask the Register of Wills for copies of all probate filings and the Letters of Administration immediately.
- Do a county land-records search to see whether a deed, mortgage, or sale was recorded in the administrator’s name.
- Document any attempts to get information from the administrator (save emails, texts, letters). Courts like a clear record of requests and refusals.
- If a sale is imminent, consider filing for a temporary injunction or recording a lis pendens to prevent transfer until the court decides.
- Keep communications professional and factual; hostile or threatening communications can complicate a court case.
- If funds are scarce, ask the court about expedited hearings or pro bono resources — some Maryland courts have self-help resources for probate matters.
- Remember that some disputes can be resolved by mediation; the Orphans’ Court may encourage settlement before lengthy litigation.