Short answer

Yes — you can challenge an administrator’s claim that they own real property that you are entitled to inherit. Administrators act as fiduciaries for the estate, not as individual owners. If an administrator improperly keeps, transfers, or sells estate real property, you can use probate court remedies (petition for accounting, objection, petition for removal) and civil remedies (quiet title, constructive trust, conversion, breach of fiduciary duty) to protect your interests. Act promptly and collect evidence. For help navigating the process, consult an attorney who handles Mississippi probate and chancery matters.

How administrator ownership normally works in Mississippi

When someone dies, title to the decedent’s property does not automatically become the personal property of the administrator. The administrator (also called the personal representative) manages estate property under probate court authority. The administrator must follow court orders, preserve estate assets, pay valid debts, and distribute the remainder to heirs or beneficiaries according to the will or Mississippi law. See Mississippi probate statutes collected in Title 91 for the broad framework of probate administration (Miss. Code Ann. Title 91).

Mississippi’s chancery and probate courts handle different parts of disputes about property and estate administration. For information about chancery courts in Mississippi, see the state courts website: Mississippi Chancery Courts. For the probate statutes that govern administration duties and procedures, see: Mississippi Code, Title 91 — Probate and Probate Proceedings.

When you should challenge an administrator’s claim

Consider challenging when any of the following occur:

• The administrator records a deed transferring estate real property into their personal name without court authorization.
• The administrator sells estate real property without court approval when court approval was required.
• The administrator refuses to include a particular property on the estate inventory or to account for income or proceeds related to that property.
• The administrator fails to distribute property you are entitled to receive under a will or under Mississippi intestacy rules.

Common legal remedies in Mississippi

Different remedies apply depending on what happened. Typical steps and remedies include:

• Request probate records and an accounting. Ask the probate court clerk for the estate file and the administrator’s inventory and accountings. If the administrator has not filed required documents, you can file a petition in probate court to compel an accounting or to review the administration.
• Object or file a petition in probate court. File a formal objection or petition in the probate case asking the court to: compel the administrator to explain the claimed transfer, rescind an unauthorized transfer, set aside an improper sale, or order the administrator to restore property to the estate.
• Petition for removal of the administrator. If the administrator breached their fiduciary duties—self-dealing, fraud, gross mismanagement—you can ask the probate court to remove them and appoint a successor administrator.
• File a quiet title action or other civil claims in chancery court. For disputed title, chancery courts commonly decide quiet title actions in Mississippi. If the administrator converted estate property, you can seek a constructive trust, ejectment, or damages for conversion and breach of fiduciary duty in the appropriate civil forum. See Mississippi chancery court resources: Mississippi Chancery Courts.
• Record and notice remedies. If an improper deed is recorded, you may obtain a court order to cancel or rescind the deed and then record the order to clear title.

What you should gather before challenging an administrator

Collect documentation and evidence to support your challenge:

• Death certificate and names of the probate case and administrator.
• Copy of the will (if one exists) and any codicils.
• Letters of administration or letters testamentary issued by the probate court.
• Recorded deeds, deed history, and county land records showing transfers.
• Inventory and appraisals filed by the administrator (if available).
• Sale contracts, closing statements, bank records, or checks showing transfers or proceeds.
• Any written communications (emails, letters, text messages) that show the administrator’s actions or admissions.

Timing and practical considerations

Act quickly. Probate matters move on deadlines. Distributions, sales, or final settlements may make reversing improper transfers harder later. Also consider statutes of limitation for civil claims; those time limits can be short for certain causes of action. If the administrator has already sold the property to a bona fide purchaser for value, remedies can become more complex.

Because procedures differ depending on the facts (for example, whether there is a will, whether the sale was court-approved, or whether the buyer recorded the deed), you will benefit from legal advice tailored to your situation.

How a court will evaluate the administrator’s actions

The court will look at several factors, including:

• Whether the administrator followed the probate court’s directions and Mississippi probate procedures.
• Whether the administrator sought and received court authorization before selling or transferring estate real property.
• Whether the administrator acted in the estate’s best interest, avoided self-dealing, and kept accurate accounts.
• Whether third parties who obtained title did so in good faith and for value.

Helpful statutes and resources

Mississippi law on probate and administration appears in Title 91 of the Mississippi Code. For statutory background on probate administration, see:

• Mississippi Code — Title 91 (Probate and Probate Proceedings) (statutory framework governing estate administration).
• Mississippi Chancery Courts (state court information) — chancery courts commonly hear title disputes and equitable relief like constructive trusts.

Because statute numbers and local rules may affect your case, an attorney can point to the specific statutes and rules that control your situation.

Helpful hints

• Start by obtaining the probate case file at the county probate clerk’s office to see the administrator’s filings (inventory, petitions, orders).
• Preserve evidence: make certified copies of deeds, inventories, and accountings early.
• If the administrator recorded a deed in their name, ask the clerk to check the deed chain and recording dates.
• File written objections in the probate case if you see improper acts; informal requests are often insufficient.
• Consider a combined approach: seek immediate probate relief (accounting or temporary injunction) and pursue a chancery action for property-specific relief if needed.
• Meet short deadlines: probate courts and statutes of limitations can limit your options if you wait too long.
• If finances are a concern, look for low-cost or pro bono help through local legal aid or bar association referral services.