Detailed answer: what you can do under New Hampshire law

Short answer: Yes — in many situations you can challenge an administrator’s claim to ownership of real property that you are entitled to inherit. An administrator holds legal title as a fiduciary for the estate, but does not own the property outright for personal use. If the administrator is wrongfully claiming ownership, failing to turn property over, mismanaging assets, or distributing property inconsistently with the will or New Hampshire intestacy rules, you can ask the probate court to correct the situation. This article explains common grounds to challenge the administrator and the usual procedures in New Hampshire.

Who is an administrator and what power do they have?

An administrator (or personal representative) is a person appointed by the probate court to collect the deceased person’s assets, pay debts and taxes, and distribute what remains to heirs or beneficiaries. The administrator holds title to estate property only to carry out these duties. They are a fiduciary and must follow the court’s orders, the will (if there is one), and New Hampshire law.

For general information about probate courts and administration in New Hampshire, see the New Hampshire Probate Courts page: https://www.courts.state.nh.us/probate/. The New Hampshire Revised Statutes are the source of the controlling law: https://www.gencourt.state.nh.us/rsa/html/indexes/default.html.

Common grounds to challenge an administrator’s claim

• Improper title claim: The administrator treats estate property as personal property or transfers estate real estate to themselves without court authority.
• Failure to distribute: The administrator refuses or delays distributing property to heirs or devisees after debts and expenses are properly handled.
• Breach of fiduciary duty: Mismanagement, self-dealing, conflicts of interest, wasting estate assets, or making unauthorized transfers.
• Incorrect appointment: The administrator was improperly appointed (e.g., someone else had superior priority under statute or a will named a different personal representative).
• Invalid transfer documents: Deeds or conveyances executed by the administrator are defective, forged, or done without court approval when approval was required.

Typical legal steps to challenge the administrator

1. Get the probate file and review documents. The probate court keeps the estate file. It shows the appointment, letters of administration, inventories, accountings, and petitions. In New Hampshire, start with the local probate division of the superior court or the Probate Court website for forms and procedures: https://www.courts.state.nh.us/probate/.
2. Request an accounting or inventory. You can petition the probate court for an order compelling the administrator to file a full inventory and account of estate assets and transactions.
3. File a motion or petition in probate court. Common petitions include requests to compel delivery of estate property to beneficiaries, to remove the administrator, to surcharge (hold the administrator financially responsible for losses), or to set aside improper transfers.
4. Seek interim relief. If the property is at risk of being sold, removed, encumbered, or dissipated, ask the court for temporary injunctive relief or an order restraining the administrator from further transfers.
5. Bring a civil action if needed. In some cases you may need a separate suit (for example, a quiet-title action or a breach-of-fiduciary-duty claim) in superior court to clear title or recover damages.

What outcomes can the court order?

The probate court has several remedies: it can order a correct accounting; require an administrator to transfer property to the estate or to the rightful beneficiary; remove and replace an administrator; order repayment or damages (surcharge) for losses caused by misconduct; and void or set aside improper transfers. In title disputes, the court may direct a deed correction or require a superior court quiet-title action.

Timing and deadlines

Act promptly. Probate matters often have statutory time limits for contesting appointments, objecting to accountings, or bringing claims. Missing a deadline can limit your remedies. If you suspect wrongdoing or a wrongful claim to title, contact the probate court or an attorney quickly to learn the relevant time limits for your situation.

When you need an attorney

Challenging an administrator can involve complex procedural and title questions. If the administrator resists court orders or if a party has already conveyed or encumbered real estate, an attorney experienced in New Hampshire probate and real estate litigation can advise you on the best path: immediate probate petitions, injunctive relief, removal proceedings, or a quiet-title lawsuit. Use the probate court resources linked above to find forms and local procedures, and consider a lawyer if money or property value is substantial or if the administrator is acting improperly.

Important statutory resources: New Hampshire’s laws governing probate, fiduciary duties, and estate administration are contained in the New Hampshire Revised Statutes Annotated. For the full statutes and to look up provisions that govern appointment of administrators, fiduciary responsibilities, accounting, and court remedies, use the official NH RSA index: https://www.gencourt.state.nh.us/rsa/html/indexes/default.html. For probate forms and local rules, see the New Hampshire Probate Court page: https://www.courts.state.nh.us/probate/.

Disclaimer: This article explains general information about New Hampshire probate procedures and possible remedies. It is educational only and is not legal advice. For advice about a specific situation, consult a New Hampshire attorney who practices probate and real estate law.

Helpful Hints

• Obtain the probate case number and request the full estate file from the local probate court promptly.
• Ask the administrator in writing for an inventory, account, and copies of any deeds or conveyances.
• Keep records of communications and any suspicious transfers, sales, or encumbrances.
• Look for letters of administration in the probate file — those show the administrator’s legal authority and any court limits.
• If property was transferred, get copies of the deed and check county land records for recorded changes.
• File a petition in probate court early if you suspect misconduct — many remedies depend on timely objections.
• Consider mediation if the dispute involves family heirs and the estate assets can be split without litigation.
• If the property dispute involves title after distribution, a quiet-title action in superior court may be necessary.
• Use the NH probate website for forms and procedural guidance: https://www.courts.state.nh.us/probate/.
• When in doubt about deadlines or complex title issues, consult a licensed New Hampshire attorney quickly.