FAQ — What to do when an estate administrator asserts ownership of property you expect to inherit
This FAQ explains how New Mexico law treats an administrator’s claim to estate real property, the steps a likely heir can take to challenge that claim, and the types of relief a court can order. It uses plain language and hypothetical examples to make the process clear.
Short answer
If an estate administrator asserts personal ownership of property that should pass to you as an heir or devisee, you can challenge that claim in probate court and, if necessary, in district court. Typical remedies include asking the probate court to require an accounting, to correct inventories, to remove the administrator, to order the property turned over to the estate, or to bring a civil action (for example, a quiet title action) to clear title. Acting quickly and using the probate record and court procedures is essential.
Detailed answer — how this works under New Mexico law
Key legal framework: matters of estate administration in New Mexico are governed by the New Mexico Probate Code (the Uniform Probate Code as adopted in New Mexico). You can read the Probate Code and related probate resources on the New Mexico Legislature and New Mexico Courts websites for the statutory text and probate procedures (see the court resources and statutory references below).
Step 1 — Confirm that the property is part of the probate estate
Not every asset is controlled by probate. Determine whether the real property was titled solely in the decedent’s name and not already transferred by beneficiary designation, joint tenancy, or trust. If the property was titled in the decedent’s sole name and there is a pending probate, it is typically estate property and the administrator holds it for the benefit of the estate and its beneficiaries—not for personal ownership.
Step 2 — Check the probate file and the administrator’s court authority
Ask the probate clerk for copies of the petition for administration, the court’s order appointing the administrator (letters of administration or letters testamentary), the inventory and appraisal, and any sale authorizations. The administrator’s powers normally come from the court’s appointment and the Probate Code; they are fiduciary duties, not personal property rights. If the administrator has recorded a deed in their own name without prior court authorization, that is a red flag.
Step 3 — Use probate procedures first
Probate court is the primary forum for resolving disputes over estate assets. Common steps heirs take in probate:
- File an objection or written challenge to the administrator’s inventory or to a proposed sale or transfer.
- Request an accounting of the estate’s assets and transactions. If the administrator cannot justify the transfer, the court can order reversal.
- File a petition to remove or replace the administrator if they have breached fiduciary duties (misappropriation, self-dealing, failure to follow court orders).
- Ask the probate court for injunctive relief to stop further transfers or to freeze the property until the dispute is resolved.
These procedures let the probate judge examine the administrator’s actions under the Probate Code and applicable rules.
Step 4 — Consider a civil action if necessary
If the administrator recorded a deed in their name or otherwise claims title independent of the probate process, you may also need to file a civil lawsuit in district court. Typical civil actions include:
- A quiet title action to clear title to the property in your name (or the estate’s name).
- An action for conversion or unjust enrichment if the administrator wrongfully took possession or sold estate property.
- Equitable remedies such as constructive trust or reformation where the court declares that the administrator holds the property for the beneficiaries and must transfer title.
How the court decides
The judge will look at the probate record, the will (if any), the administrator’s letters, the inventory, and any evidence of improper transfers. If the property is estate property and the administrator acted outside their authority, the court can undo transfers, remove the administrator, and direct title to be corrected. New Mexico courts enforce fiduciary duties strictly; an administrator who improperly claims ownership can be held liable and ordered to restore the property.
Practical hypothetical
Hypothetical: Alice dies owning a house in her name alone. The county records show that Bob, appointed by the probate court as administrator, recorded a deed transferring the house into his own name and claims it is now his. Alice’s children believe the house should pass under Alice’s will to one of them.
What to do: one of the heirs asks the probate clerk for the estate file, confirms Bob was appointed only as administrator, and files an objection in probate asking the court to (1) order Bob to produce records and an accounting, (2) set aside any unauthorized transfer, and (3) remove Bob for self-dealing. If the deed transfer is not undone in probate, the heir can also file a district-court quiet title action asking the court to declare the deed void as to the heir because Bob had no authority to take personal ownership.
Where to look in New Mexico law
Look to the New Mexico Probate Code for the statutory sections that govern appointment of administrators, their powers and duties, inventories and appraisals, petition and objection procedures, and removal of fiduciaries. The New Mexico Courts site also publishes probate forms and procedural guidance. For official statutes and procedural rules, consult the New Mexico Legislature and New Mexico Courts websites linked below.
Statutory and court resources (start here):
Timing and practical considerations
Act promptly. Probate and civil actions have deadlines and opportunities can be lost if you wait. Preserve evidence: copies of deeds, letters, wills, bank records, title records, and any communications from the administrator. If property is being sold or encumbered, ask the court for emergency relief to stop a sale.
Costs: litigation, title actions, and contested probate matters can be time-consuming and expensive. The court may, however, award costs or surcharge a wrongful administrator for losses to the estate.
Helpful hints
- Get certified copies of the probate appointment (letters) and the estate inventory from the probate clerk as soon as possible.
- Do not attempt to forcibly remove the administrator or alter property records yourself. Use the court process.
- File written objections in the probate case — oral complaints to the administrator or county clerk are not enough.
- Ask the probate judge for an accounting and, if appropriate, for an order freezing transfers or sales of the property pending resolution.
- If the administrator recorded a deed in their own name, consider a civil quiet title action along with probate remedies.
- Preserve all communications, deeds, and financial records. Take screenshots of online records and make certified copies of recorded documents.
- Talk to an attorney experienced in New Mexico probate and real property litigation quickly; many attorneys offer initial consultations and can advise on emergency motions and strategy.
- Be aware of potential criminal remedies. In extreme cases of theft or fraud, criminal charges could be appropriate — contact law enforcement if you suspect criminal activity.