Detailed Answer — What you need to know and do

When someone files a petition in probate court asking for possession and control of property owned by a decedent, any interested person (an heir, devisee under a will, creditor, spouse, or other party with a legal interest) can challenge that petition. In Arkansas the legal framework that governs probate, the duties of personal representatives, and the procedures for administration are found in Arkansas Code Title 28 (Wills, Trusts, and Administration). See Arkansas Code, Title 28: https://www.arkleg.state.ar.us/ArkansasCode/Title/28. You should also review the probate court rules and local court procedures on the Arkansas Judicial Branch site: https://www.arcourts.gov/courts/probate.

Basic legal grounds to challenge or move to dismiss

You can challenge a petition for possession and control of estate property on several common bases. Typical grounds include:

• Lack of standing or improper appointment. The petitioner is not the appointed personal representative or lacks authority under the court order to take control of the property.
• Insufficient notice or improper service. Arkansas law requires notice to interested persons. If you were not properly served with notice of the petition or hearing, you can ask the court to set aside any action taken without proper notice.
• Jurisdictional defects. The probate court may lack authority over certain property (for example, property located out-of-state or property already in another court’s control).
• Procedural defects. The petition may fail to comply with statutory requirements (for example, no bond where required, missing inventory or required filings).
• Disputed ownership or non-estate property. If the property is not estate property (e.g., held in joint tenancy, payable-on-death account, or passes by beneficiary designation), the court may not permit the requested possession.
• Fraud, undue influence, or bad faith by the petitioner. Allegations that the petitioner is acting improperly can justify denial of immediate possession or removal of the petitioner.

Typical steps to challenge the petition

1. Carefully read the petition and proof of service. Check who filed it, the relief requested, and whether you were listed as an interested person. Confirm the hearing date and any deadlines for filing a response.
2. Determine your status and grounds. Are you an heir, a beneficiary, a creditor, or someone with a recorded interest? Pick the legal grounds that most closely match your facts (notice problems, lack of authority, etc.).
3. File a formal written objection or response. Most probate courts require a written objection (sometimes called a “contest,” “statement in opposition,” or “response”) before the hearing. This document explains why the petition should be denied or dismissed. Include the facts, legal reasons, and the relief you want (dismissal, hearing, temporary restraining order).
4. Ask for interim relief if necessary. If the petitioner seeks immediate control that would cause irreparable harm (e.g., sale of a house, removal of assets), request temporary relief: an order preventing transfer (a temporary restraining order or preliminary injunction), or require the petitioner to post a bond.
5. Gather and submit proof. Provide documents: the decedent’s will, deeds, title reports, account statements, death certificate, prior court orders, or communications that support your claim. If notice was defective, show how service failed.
6. Attend the hearing and present witnesses/evidence. Probate judges will hear testimony and review documents. Be ready to explain why the petition fails under Arkansas law and ask the court to dismiss or limit the relief.
7. Consider post-hearing motions and appeals. If the court grants the petition despite your objection, you may be able to file post-trial motions or an appeal. Time limits apply strictly in probate matters.

Practical examples (hypothetical facts)

Example A: Sarah is listed on a petition as “personal representative” and asks the court for possession of her mother’s house. The court record shows the county probate court never appointed Sarah, and the will names Michael as personal representative. Michael (an interested person) can file an objection arguing Sarah lacks appointment and ask the court to deny possession until appointment and bond issues are resolved.

Example B: A petitioner asks to take control of bank accounts. You are a named beneficiary but never received notice of the hearing. You can file an objection for lack of proper service and ask the court to vacate any orders entered without notice and to schedule a new hearing after proper notice.

Evidence and documents you should collect

• Copy of the filed petition, any accompanying affidavits, and the proof of service.
• The decedent’s will (if any) and any codicils.
• Death certificate.
• Deeds, title documents, account statements, beneficiary forms.
• Communications with the petitioner that show disputes or admissions.
• Any prior court orders or appointments from the probate file.

Deadlines and timing

Probate courts enforce deadlines strictly. File your written objection as soon as possible after receiving notice. If you miss the deadline, you may lose the right to contest certain matters. For exact timing and filing rules, consult the probate clerk’s office in the county where the matter is filed and the Arkansas probate court pages: https://www.arcourts.gov/courts/probate. For statutory background, see Arkansas Code Title 28: https://www.arkleg.state.ar.us/ArkansasCode/Title/28.

Possible outcomes

• The court may deny the petition and refuse to give possession or control to the petitioner.
• The court may grant the petition but impose conditions (bond, accounting, limited control).
• The court may postpone any change in possession until a full hearing on the merits.
• The court could remove the petitioner as personal representative if misconduct is proven and appoint a different representative.

When to get a lawyer

If the case involves large assets, complex ownership claims, allegations of misconduct, or if a sale or transfer is imminent, consult an Arkansas probate attorney quickly. A lawyer can prepare the objection, handle evidentiary hearings, and preserve appeal rights. Use the Arkansas Bar and local referral resources to find counsel experienced in probate and estate litigation.

Important statutory and procedural resources

• Arkansas Code, Title 28 (Wills, Trusts, and Administration): https://www.arkleg.state.ar.us/ArkansasCode/Title/28
• Arkansas Judicial Branch — Probate Courts: https://www.arcourts.gov/courts/probate
• Arkansas court rules and filing information: https://www.arcourts.gov/rules

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws change and specific outcomes depend on specific facts. Consult a licensed Arkansas attorney for advice about your exact situation.

Helpful Hints

• Act quickly — probate deadlines move fast. File an objection as soon as you can after learning of the petition.
• Confirm service — if you never received notice, point that out to the court immediately.
• Get copies of everything in the probate file from the clerk — petitions, orders, inventories, and proof of service.
• Keep originals safe — deeds, title paperwork, beneficiary designations and the will matter more than hearsay.
• Ask the court for temporary protections (bond, injunction) if you fear imminent loss or transfer of assets.
• Consider mediation — sometimes probate disputes resolve faster and cheaper through settlement or mediation than litigation.
• Record property interests promptly — verify property titles to see whether the asset is already outside the estate (joint tenancy, TOD/POD, trust).
• Document everything — keep a timeline of events, copies of correspondence, and notes of conversations with the petitioner or the probate clerk.