Detailed Answer — What this means under New Jersey law

Short answer: if a recorded deed shows the property was validly conveyed out of your mother’s estate decades ago, the recorded owner most likely holds title today and you generally will not have an automatic ownership interest. However, a few important exceptions and steps may allow you to challenge or better understand the situation.

1) Record title normally controls

In New Jersey, ownership of real property is established primarily by the chain of recorded deeds and court orders. If a deed from your mother’s estate (or from an administrator/executor acting with proper authority) was recorded in the county land records decades ago, the person named on that deed is the record owner unless the deed can be invalidated. To locate and confirm the deed, check the county clerk/registrar of deeds for the parcel.

2) Why a prior conveyance usually ends your claim

When a personal representative (executor/administrator) lawfully sells or conveys estate property, the sale transfers title away from the estate and the heirs or beneficiaries no longer hold the property. If the sale or conveyance was made under the authority of a court order or under the personal representative’s statutory powers, and the deed was properly executed and recorded, the transfer is usually effective.

3) Potential grounds to challenge the conveyance

Even if a deed is recorded, you may have options to challenge it in certain circumstances, for example:

• Fraud or forgery in the deed or probate proceedings.
• The person who signed the deed lacked legal authority (for example, an administrator exceeded the scope of court authorization).
• The conveyance occurred without required court approval when such approval was required.
• A previously unrecognized property interest (such as a surviving joint tenant or other recorded encumbrance) was overlooked.

If any of these apply, you may be able to pursue a court action to set aside the deed, to reopen the probate matter, or to quiet title. Time limits and legal standards vary; you should act promptly.

4) Time limits and practical obstacles

Because the conveyance happened decades ago, practical obstacles often block relief: evidence may be lost, witnesses unavailable, and statutory defenses (including laches or statutes of limitations) may bar challenges. Adverse possession, long-term reliance by a purchaser, and the fact that the deed was recorded make reversing a decades-old conveyance difficult.

5) When the estate was never administered

If the property was never probated but a deed still conveys the property (for example, by someone purporting to act for the estate without authority), you should obtain the probate court file to see whether an estate was opened and what orders were entered. If no administration occurred, there may be different remedies — but again, delay weakens those remedies.

6) Practical outcomes

• If the deed is valid and recorded: the current owner keeps title; you likely have no interest to assert.
• If you discover an irregularity (fraud, unauthorized sale, or clerical error): you may be able to challenge the conveyance, but you must move quickly and gather evidence.
• If you have a financial claim against the estate (not ownership of the land) you may have separate remedies against the estate or its representative.

7) Where to look in New Jersey law and court resources

New Jersey statutes and court resources govern probate, personal representatives’ powers, and property recording. For background on probate and estate administration, see the New Jersey Courts information pages: NJ Courts — Probate and Estate Administration. For general statutory material, start at the New Jersey Legislature website: New Jersey Statutes and Legislative Information. If you need a specific statutory citation about personal representatives’ powers or probate procedures, an attorney can point to the exact provisions in Title 3B of the New Jersey Statutes (Decedents, Estates & Fiduciaries).

8) How courts typically resolve disputes over old conveyances

Court resolution depends on the specific facts: whether the sale was authorized, whether there was notice to heirs, whether the conveyance was recorded, and whether the challenger can show fraud or lack of authority. Remedies can include setting aside a deed, monetary damages, or issuing declaratory relief; but promising reversal of a decades-old recorded deed is rare without strong proof.

9) When you should get an attorney

If you believe the conveyance was wrongful, or if the survey raises questions about your rights, consult a New Jersey attorney experienced in probate and real estate title disputes. An attorney can:

• Obtain the deed and full chain of title from the county records;
• Obtain the probate file and see whether an estate was opened and what orders issued;
• Evaluate possible claims (fraud, lack of authority, probate irregularities, quiet title);
• Advise about statutes of limitation and the likelihood of success; and
• Handle communication or negotiation with the record owner.

Disclaimer: I am not a lawyer. This article provides general information about New Jersey law and is not legal advice. For advice about your specific situation, consult a licensed New Jersey attorney.

Helpful Hints — Practical next steps after a survey shows a prior conveyance

• Obtain the deed shown on the survey from the county clerk/recorder. Confirm the names, dates, and description.
• Request the probate file for your mother from the county Surrogate’s Court to see whether an estate was opened and whether a sale or distribution was authorized. See NJ Courts Probate pages: https://www.njcourts.gov/selfhelp/probate.html.
• Get a complete title search or hire a title company. A title report shows the full chain of recorded documents and any liens or encumbrances.
• Document everything: save the survey, death certificate, any wills, and communications about the property.
• Act promptly. Decades-old transfers are hard to reverse, and delay often eliminates remedies.
• Avoid entering the property without permission from the record owner.
• If you see red flags (forgery, missing probate, unknown signatures), consult a New Jersey attorney experienced in probate and real estate disputes right away.
• If you only need a financial recovery (for example, an unpaid creditor claim against the estate), the legal path differs from a claim to real property—an attorney can explain deadlines and procedures.
• If negotiation is feasible, consider a discussion or mediation with the current owner to resolve any disputes without litigation.

Need help finding a lawyer? Look for attorneys who practice both probate/estate litigation and real estate title disputes in New Jersey. Local county bar associations and the New Jersey State Bar Association offer lawyer referral services.

Final note: Every fact pattern is different. The conclusions above turn on details—who signed the deed, whether the sale had court approval, and whether any fraud occurred. Gather documents and consult counsel for a specific assessment.