Understanding your rights when an administrator claims ownership of property you expect to inherit

Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Tennessee attorney.

Detailed answer

If someone serving as an estate administrator in Tennessee claims an ownership interest in real property that you believe you are entitled to inherit, you can challenge that claim through the probate court (or other court with probate jurisdiction). Tennessee law gives heirs and beneficiaries multiple tools to protect inherited property, require the administrator to account for estate assets, and seek court orders to stop improper transfers or sales.

Key points you should know:

• Who is the administrator? An administrator (or personal representative) is the person appointed by a Tennessee probate court to collect estate assets, pay debts, and distribute the estate under the will or by intestate succession. The administrator holds estate property in a fiduciary capacity for the estate and the beneficiaries.
• Administrator versus owner. Appointment as administrator does not automatically make the person the owner of estate property. The administrator’s authority is to manage and distribute estate assets under court supervision — not to convert estate property into personal property for their own benefit.
• Where to raise a challenge. Disputes over an administrator’s actions are normally handled in the probate court that appointed the administrator (or the court that has statutory probate jurisdiction in the county). If title disputes extend beyond probate, courts that hear civil property or quiet-title claims (chancery or circuit courts in many Tennessee counties) may become involved.

Common legal actions beneficiaries use in Tennessee

1. Demand an inventory and accounting. Beneficiaries have the right to request and obtain the administrator’s inventory and periodic accountings of estate assets and transactions. If the administrator is hiding or misusing property, the accounting can show what happened.
2. File objections or exceptions to the administrator’s accounting. After an accounting is filed in probate court, beneficiaries can file formal objections (exceptions) asking the court to disallow certain transactions, surcharge the administrator (require repayment for wrongful conduct), or otherwise correct the record.
3. Petition the probate court for instructions or an order. You can ask the court to order the administrator not to sell or transfer a specific parcel of real property pending resolution, to clarify who holds legal title, or to require the administrator to deliver property to the rightful beneficiary.
4. Seek removal of the administrator. If the administrator commits fraud, wastes estate assets, is incompetent, or otherwise breaches fiduciary duties, beneficiaries can petition the court to remove the administrator and appoint a different personal representative.
5. File a separate civil action (quiet-title or declaratory judgment). If title to real property is unclear or has been improperly conveyed, you may need a quiet-title action in the appropriate civil court to clear title, cancel an improper deed, or obtain a declaratory judgment about ownership.

Statutory framework and where to look

Tennessee’s probate statutes govern the duties and powers of personal representatives and the probate process. For an overview of probate procedures and the court process in Tennessee, see the Tennessee Court system’s probate information: https://www.tncourts.gov/programs/self-help/probate-estate-administration.

For the statutory text that governs probate, wills, and administrations, start with Tennessee Code, Title 30 (Probate, Wills, and Administration): https://www.capitol.tn.gov/legislation/statutes/30/. Those provisions explain appointment, powers, duties, accountings, and removal of personal representatives.

Practical steps to challenge an improper claim

1. Collect documentation. Get the death certificate, any will, the letters testamentary or letters of administration (court order appointing the administrator), deeds, tax records, and any correspondence about the property. Record requests early — you are entitled to copies of filings in the probate file.
2. Ask for an inventory and accounting in writing. Make a written demand that the administrator file or provide the estate inventory and accountings. Keep copies of your requests.
3. Talk to the court clerk. Find out which court handles the estate and the local procedure for filing objections or petitions. Some Tennessee counties have separate probate courts; others handle probate in chancery or circuit court.
4. File formal objections or a petition. If the administrator refuses or the accounting reveals problems, file objections to the accounting or a petition for instructions, surcharge, or removal in the probate court. Ask the court for temporary relief (for example, a restraining order) if the administrator threatens an imminent sale or transfer.
5. Preserve evidence and prevent transfers. If you reasonably fear the administrator will transfer or liquidate the property, ask the court for an order preventing sale or a lis pendens (notice of pending litigation) on the property so third parties are put on notice.
6. Consider a quiet-title or declaratory judgment action. If title remains clouded after probate steps, file a quiet-title suit in the appropriate civil court to obtain a final determination of ownership and remove improper encumbrances.

Timing and deadlines

Act quickly. Probate contests, objections to accountings, and requests for temporary relief work best when filed promptly after you discover a problem. While specific filing deadlines vary by case and statute, delays can make it harder to reverse transfers or recover assets. If property has been sold to a bona fide purchaser for value, the remedies available may be more limited.

Possible outcomes and remedies

• Court orders reversing or voiding improper transfers of estate property.
• Appointment of a new administrator and surcharge (monetary liability) against the former administrator for misapplied funds or property.
• Return of property to the estate and distribution according to the will or Tennessee intestacy statutes.
• Quiet-title judgment clarifying your ownership and removing competing claims or liens.

Helpful hints

• Document everything: keep copies of court filings, letters, deeds, appraisals, and all communication with the administrator.
• Obtain certified copies of the probate court’s letters (letters testamentary or of administration) to confirm the administrator’s court authority.
• Request a copy of the estate inventory and accountings early; they often show transfers, sales, and receipts.
• File a lis pendens or ask the court for an injunction if the administrator is attempting to sell the property.
• Be mindful of mediation or settlement opportunities; many probate disputes resolve faster and less expensively through negotiation.
• If the administrator has already sold the property, ask whether the sale was approved by the court. Sales without court approval can sometimes be set aside if improper.
• Get legal help. Probate, fiduciary duty, and real property law intersect in these matters. A Tennessee lawyer who handles probate and real estate disputes can advise on the best procedural vehicle, applicable deadlines, and the odds of success.

Key resources:

• Tennessee Courts — probate and estate administration information: https://www.tncourts.gov/programs/self-help/probate-estate-administration
• Tennessee Code, Title 30 (Probate, Wills, and Administration): https://www.capitol.tn.gov/legislation/statutes/30/

Because the specific steps and forms vary by county and by whether a will exists, consult a Tennessee attorney promptly to protect your rights and to file the correct petitions in the correct court.