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

Short answer: Yes — under Pennsylvania law you can challenge an administrator’s claim that they personally own real property that should be part of an estate. The administrator (also called a personal representative) holds legal title only as a fiduciary for the estate and beneficiaries. If the administrator has improperly claimed, kept, sold, or transferred estate real property for personal use, you have several civil remedies through the Orphans’ Court (Court of Common Pleas) and, in some cases, criminal remedies.

How Pennsylvania law treats an administrator’s ownership of estate property

When a person dies, a court issues letters testamentary or letters of administration to a named executor or an appointed administrator. Under Pennsylvania law (Title 20 — Decedents, Estates and Fiduciaries), the personal representative has authority to collect, manage, and distribute estate property, but holds legal title only in a fiduciary capacity for the estate and the heirs or beneficiaries. The representative cannot convert estate property to personal ownership without court approval and, if they do, they may be liable to the estate and the heirs.

For the statutory framework governing administration, see Title 20 of the Pennsylvania Consolidated Statutes: 20 Pa.C.S. (Decedents, Estates and Fiduciaries).

Common situations where you might challenge the claim

• The administrator asserts they personally own a house that the decedent owned outright but intended to pass to you as heir or devisee.
• The administrator sold estate real property without court approval or without proper notice to beneficiaries and kept the proceeds.
• The administrator transferred title into their name after the decedent’s death.
• The administrator refuses to deliver possession of estate property to the person entitled to it after distribution.

Practical steps to challenge the administrator’s claim

1. Confirm your standing. Make sure you are an heir or a beneficiary under the decedent’s will or the laws of intestacy. Ask the court clerk or review the probate records to confirm letters of administration/executorship were issued and who was appointed.
2. Get key documents. Obtain a certified copy of letters of administration or testamentary letters, the will (if any), the decedent’s death certificate, the court docket entries in the estate file, any deeds or transfers recorded at the County Recorder of Deeds, and any inventories or accountings already filed with the court.
3. Demand an accounting and return of property. File a written demand with the personal representative requesting inventory, a full accounting, and immediate return of the specific property (or proceeds) that you claim. Keep a written record of your communications.
4. File a petition in Orphans’ Court (Common Pleas). If the administrator refuses to cooperate, file a petition in the Orphans’ Court division of the Court of Common Pleas where the estate is being administered. Common petitions include:
   • Petition for citation or rule to show cause requiring the administrator to produce an inventory or accounting.
   • Exceptions to the account, if an account has been filed (challenge specific transactions or distributions).
   • Petition for removal of the personal representative and for surcharge (financial liability) if the representative misappropriated estate property or breached fiduciary duties.
   • Petition for declaratory relief or to quiet title to resolve conflicting claims to real property.
5. Ask the court for interim relief if needed. If the property is at risk of being dissipated or sold, you can ask the court for injunctive relief or a temporary restraining order to stop transfers while the dispute proceeds.
6. Consider civil claims outside the probate docket. In some cases you may also bring a civil action for conversion, replevin, or a declaratory judgment in the Court of Common Pleas, depending on the facts. Conversion claims seek recovery of property or its value when someone wrongfully exercises ownership over it.
7. Report criminal conduct if warranted. If you have evidence the administrator stole, forged documents, or committed fraud, you can report it to law enforcement. Criminal charges (theft, forgery, etc.) are separate and will not by themselves resolve the civil property dispute — but they can support requests for removal and surcharge in the estate case.
8. Hire an attorney experienced in probate/estate litigation. Orphans’ Court practice and estate litigation involve strict procedural rules and evidentiary standards. An attorney can prepare petitions, file exceptions, and present the case to the court.

What you will need to prove

In a civil probate challenge you generally must show by a preponderance of the evidence that:

• The property belonged to the decedent or was estate property;
• The administrator (personal representative) treated it as personal property (kept it, transferred it into their name, sold it, or otherwise deprived the estate/you of possession); and
• The administrator lacked legal authority or court approval for that action.

Evidence can include deeds, title searches, bank records, transfer documents, sale proceeds, inventories (or lack thereof), witness statements, and communications with the administrator.

Possible outcomes

• The court orders return of the property to the estate or to the rightful heir/beneficiary.
• The court orders the administrator to pay the estate the fair value of the property (surcharge) and may order removal of the administrator.
• The court sets aside or unwinds improper transfers or sales and orders distribution consistent with the will or intestacy law.
• The matter is resolved by settlement or mediation between the parties.

Where to file and where to get help

Probate and estate administration actions are handled in the Court of Common Pleas where the decedent lived when they died, typically in the Orphans’ Court division. For general information on probate and court locations in Pennsylvania, see the Pennsylvania Courts website: https://www.pacourts.us/.

For statutory guidance on administration, powers and duties of personal representatives, inventories and accountings, see: 20 Pa.C.S. (Decedents, Estates and Fiduciaries).

Timing and limitations

Act promptly. Statutory and equitable deadlines can limit your remedies. If the administrator files a final account and distribution, you may have a limited time to file exceptions. If you suspect conversion or fraud, preserving evidence and seeking temporary relief quickly increases the chance of a favorable result.

Helpful Hints

• Obtain certified copies of letters of administration or testamentary letters from the clerk of courts as soon as possible.
• Run a title search at the County Recorder of Deeds to see transfers recorded after the decedent’s death.
• Keep all communications in writing and preserve originals of documents and photographs.
• Ask the court for a citation to compel an inventory and accounting if the administrator resists giving information.
• Consider mediation — many probate disputes settle faster and cheaper than litigating through trial.
• Document any steps the administrator took to sell, transfer, or encumber the property (dates, buyers, sale prices, deeds, bank deposits).
• Be aware that even if you win, recovery can be delayed by appeals or the administrator’s bankruptcy.

Next steps: If you suspect the administrator is claiming personal ownership of property you are entitled to inherit, start by getting a copy of the estate file at the Court of Common Pleas and the letters of administration. Then seek legal counsel experienced in Pennsylvania Orphans’ Court matters to advise and file the necessary petitions.

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general Pennsylvania probate concepts to help you understand options commonly available. For advice tailored to your situation, consult a qualified Pennsylvania probate or estate litigation attorney.