What Happens If the Survey Shows the Property Was Conveyed Out of My Mother's Estate Decades Ago and I Have No Interest? (NH) | New Hampshire Probate | FastCounsel
NH New Hampshire

What Happens If the Survey Shows the Property Was Conveyed Out of My Mother's Estate Decades Ago and I Have No Interest? (NH)

Quick answer

If a recent survey and title search show the property was conveyed out of your mother’s estate decades ago and a valid deed was recorded in the grantee’s name, you most likely do not have a present ownership interest. However, you should confirm the recorded documents and probate records because limited circumstances (fraud, forgery, lack of authority by a personal representative, clerical or recording errors, or mistakes in the probate distribution) can reopen the issue. Time limits and specific New Hampshire procedures apply, so act promptly if you think something is wrong.

Detailed answer — what this means and what to do next (New Hampshire)

1. Understand what a recorded conveyance usually means

A deed that was properly executed, delivered, and recorded generally transfers title to the grantee. Recording gives public notice to third parties and protects the grantee’s interest against later claims. To decide whether you have any legal interest, you need to confirm the deed’s validity and the chain of title.

2. Verify the chain of title and the recording

Step 1: Obtain a certified copy of the recorded deed and all instruments in the chain of title from the county Registry of Deeds where the property sits. Step 2: Run or order a full title search or title abstract (title companies do this). The title search will show the date of conveyance, the grantor/grantee names, and any mortgages, liens, or other encumbrances.

Registry of Deeds records and a title report are primary evidence whether the property left your mother’s estate. In New Hampshire, local county registries keep deeds and are the first place to check (see the New Hampshire statutes and registry resources at the state site: https://www.gencourt.state.nh.us/rsa/html/ and the Judicial Branch probate info at https://www.courts.state.nh.us/probate/).

3. Check the probate file for the estate administration

If the property was part of your mother’s probate estate, review the probate court file to see how the estate was administered. Probate records will show whether a personal representative or administrator sold or transferred the property with court authorization, whether heirs were notified, and how distributions were made.

4. Common scenarios that may leave you with no interest

  • Valid inter vivos sale or deed: your mother sold or gifted the property during her life, properly executed and recorded.
  • Proper sale during probate: the personal representative sold estate property with court approval.
  • Clear intestate distribution followed by conveyance: property passed by will or intestacy and then was conveyed to a third party.

5. Scenarios that might let you challenge the conveyance

Even if the deed appears recorded, certain defects may allow you to challenge it or seek relief:

  • Forgery or fraud in the deed.
  • Deed executed by someone without authority (e.g., a personal representative who exceeded powers or sold without court approval when approval was required).
  • Failure to include or properly notify heirs in probate proceedings, or mistakes in the probate distribution.
  • Clerical or recording errors that misidentify owners or descriptions.

If any of these problems exist, remedies in New Hampshire could include asking the probate court to reopen the estate, pursuing a civil claim to set aside the deed, or filing a quiet title action to clear title. These actions have procedural rules and time limits.

6. Time limits and statutes of limitation

Claims challenging conveyances, probate distributions, or title often face deadlines under New Hampshire law. For example, statutes can limit how long an heir or claimant has to contest a probate distribution or to bring actions affecting real property. Because these periods vary by claim and circumstance, start fact-gathering promptly and consult counsel to preserve any claims. For general access to New Hampshire statutes and to find provisions that may apply, see the RSA index at the New Hampshire General Court: https://www.gencourt.state.nh.us/rsa/html/ and the probate court pages: https://www.courts.state.nh.us/probate/.

7. Practical next steps

  1. Get certified copies of the deed(s) and the full recorded chain of title from the county Registry of Deeds.
  2. Obtain the probate file (docket, inventory, orders) from the probate court that handled your mother’s estate.
  3. Order a current title search or contact the title company that holds the owner’s policy (if one exists) to learn about insurable defects.
  4. If you suspect fraud, forgery, or improper probate, contact an attorney experienced in New Hampshire real property and probate matters promptly—some remedies require immediate action to preserve rights.
  5. If the title is clear and properly conveyed, realize that you likely have no ownership interest, but confirm whether any proceeds were distributed to heirs correctly under the probate case.

Helpful Hints

  • Start with documents: deeds (recorded), the property description, and the probate file. These documents answer most questions.
  • Registry of Deeds staff can point you to recorded documents but not give legal advice. Each county has its own office and online records.
  • Title searches save time. A professional title search will reveal recorded conveyances, liens, and potential defects.
  • Keep deadlines in mind. Many claims (probate contests, claims against a representative, quiet title actions) are subject to strict statutes of limitation.
  • If you find an unauthorized sale by an executor or administrator, the probate court may be able to reopen the estate or order remedies against the fiduciary.
  • Quiet title suits typically require showing who has superior title and why a recorded deed should be set aside. These suits follow civil procedure and local rules.
  • Documentation helps: gather wills, codicils, death certificate, trust documents, correspondence with the estate’s lawyer or personal representative, and any closing documents if a sale occurred.
  • If multiple heirs exist, communicate early. Disputes among heirs complicate matters; a lawyer can explain negotiation and litigation options.

Disclaimer: This article explains general New Hampshire concepts and steps to take when a survey or title search appears to show a property left an estate decades ago. This is educational information, not legal advice. Specific outcomes depend on documentary evidence, case law, and statutes. For legal advice about your particular situation, consult a licensed New Hampshire attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.