Can I challenge an administrator’s claim to ownership of real property I am entitled to inherit?

Short answer: Yes — in Missouri you can challenge an administrator’s claim if the administrator lacks authority, has wrongfully transferred or claimed property, or otherwise mismanaged the estate. You must act through the probate court (and sometimes the circuit court) by requesting records, filing objections or petitions, and — if necessary — asking the court to remove the administrator, order an accounting, reverse improper transfers, or quiet title. This is a general overview; consult a Missouri probate attorney quickly because deadlines and procedures apply.

Detailed answer — how this works under Missouri law

1. Who is the administrator and what powers do they have?

When someone dies without a will, or when a will does not name an executor, the probate court appoints an administrator to gather estate assets, pay debts, and distribute remaining property to heirs. The administrator’s powers come from the probate court’s appointment (the written letters of administration) and Missouri probate law. An administrator must follow Missouri law and the court’s orders. If the administrator acts outside those powers or for personal benefit, heirs can challenge those actions.

2. First step: confirm the probate case and read the court papers

• Visit the probate division of the county circuit court where the decedent lived. Obtain the probate case number and a copy of the letters of administration, inventory, accounting, and any orders.
• Look for recorded documents (deeds, quitclaim deeds, transfers) in the county recorder of deeds to see whether the administrator has recorded any conveyance.

3. Common legal bases to challenge an administrator’s claim

• Property was never part of the estate: the administrator cannot take ownership of property that belonged to a surviving joint tenant, a named beneficiary, or that passed outside probate.
• Improper transfer or sale: the administrator transferred or sold estate real property without court authorization or contrary to court orders.
• Fraud or self-dealing: the administrator is paying themselves, selling to themselves, or otherwise benefiting improperly.
• Failure to account: the administrator refuses to provide a required accounting of estate assets and transactions.
• Wrongful possession: the administrator is asserting title to property that intestacy law or a valid will gives to an heir or devisee.

4. Court procedures you can use in Missouri

Depending on the issue, heirs can pursue one or more of the following actions through the probate or circuit court:

• Request or file objections to the administrator’s inventory and account — courts require administrators to inventory estate property and file accountings. Missouri probate rules let interested persons inspect and object to those filings.
• Petition for an accounting — ask the probate court to order a detailed accounting of estate transactions.
• Petition to remove the administrator — if the administrator breaches fiduciary duties, the court can remove them and appoint a successor.
• Petition to set aside improper transfers — ask the court to reverse conveyances or sales that were unauthorized or fraudulent.
• Quiet title or declaratory judgment action — if the administrator or third parties claim title to the property, heirs can file a quiet title or declaratory judgment action in the circuit court to determine who owns the property.
• Temporary injunctive relief — if a conveyance or sale is imminent, you can ask the court for a temporary restraining order or injunction to prevent transfer while the dispute is decided.

5. Evidence and documents you will need

• Death certificate and any will.
• Probate case number and copies of letters of administration, inventory, and accountings filed in probate.
• Recorded deeds, transfer documents, and any documents showing current claimed ownership.
• Communications (emails, letters, texts) showing representations by the administrator.
• Title reports or county recorder search results.

6. Timing and deadlines

Missouri probate procedures include strict timelines for filings, hearings, and objections. Some rights (for example, to contest certain probate matters) have short windows. You should act promptly — requesting records and filing objections quickly protects your position. The probate clerk can tell you case-specific deadlines, and a probate attorney can advise you about statutory limitation periods and procedural timing.

7. Possible outcomes

• Court orders the administrator to return property to the estate and distribute it correctly to heirs.
• Administrator removed and replaced; court orders an accounting and recovery of assets.
• Transfer set aside and title cleared for heirs through a quiet title judgment.
• Court awards damages or surcharge for breaches of fiduciary duty. Criminal charges may follow in cases of theft or fraud, but criminal prosecution is separate from civil probate remedies.

8. Where the law is written (Missouri statutes and resources)

Key sections of Missouri law govern appointment and duties of administrators, probate procedure, and remedies. For primary statutes and to research specific Missouri rules, start with the Missouri Revised Statutes and the Revisor of Statutes:

• Missouri Revised Statutes, general access: https://revisor.mo.gov/main/Home.aspx
• Look for the chapters addressing probate, wills, and fiduciaries (for example, the chapters on executors/administrators and wills) using the Revisor site search or the OneChapter pages on that site.

Because statutory chapter numbers and rules can be detailed and change over time, consult the Revisor site directly or a probate attorney for the most up-to-date citations applicable to your case.

Helpful Hints

• Act quickly. Probate matters often have short filing windows and mistakes in timing can forfeit rights.
• Obtain case files from the probate court clerk immediately — you have a right to view filings in the estate case.
• Preserve all documents and communications about the property and administration.
• Request an accounting in writing if the administrator will not provide one voluntarily.
• If the administrator recorded a deed or sold property, check the county recorder’s office for the recorded instrument and the exact chain of title.
• Consider asking the court for a temporary injunction if a sale or transfer is pending.
• Meet with a probate attorney who handles contested administrations — they can advise whether to pursue actions in probate court or circuit court and can file the appropriate petitions.
• Keep communications civil and document any suspicious behavior; hostile actions can complicate remedy options.

Disclaimer: This article explains general principles of Missouri probate law and is for informational purposes only. It does not create an attorney-client relationship and is not legal advice. For advice about a specific situation, consult a licensed Missouri attorney promptly.