Challenging or Dismissing a Petition for Possession and Control of Estate Property in Georgia

Quick answer (FAQ): If someone files a petition in a Georgia probate court asking for possession and control of estate property, you can challenge or move to dismiss that petition by timely filing a written objection or motion, showing legal grounds (lack of jurisdiction, improper service, lack of standing, procedural defects, competing ownership claims, or an ongoing will/estate administration dispute), asking the court for a hearing, and using emergency remedies when needed to protect assets. The exact steps and deadlines depend on local probate court rules and the petition’s allegations.

Detailed answer

This section explains, in plain language, how the probate process works in Georgia for petitions seeking possession and control of estate property and how someone with an interest in the property can challenge or seek dismissal of that petition. This is an overview only and not legal advice.

1. Understand what the petition asks the court to do

Petitions for possession and control of estate property commonly ask the probate court to grant a person (for example, a proposed administrator, executor, personal representative, or a creditor) authority to take physical custody of property, manage or dispose of assets, or otherwise act on behalf of the decedent’s estate. Read the petition carefully to determine:

Who filed it (the petitioner).
The legal basis the petitioner claims (they are the appointed administrator, a creditor, spouse, or someone asserting ownership).
Which assets are at issue (bank accounts, vehicle, home, personal property).
What relief is requested (temporary possession, permanent control, sale, or an accounting).

2. Key Georgia legal resources to consult

Official Code of Georgia Annotated (Title 53 — Probate): https://www.legis.ga.gov/legislation/ocga/53.
Georgia Judicial Council / Probate court guidance (local rules vary): https://www.georgiacourts.gov/courts/probate-courts/.

3. Who can challenge the petition?

People with a direct interest in the property or estate can challenge the petition. That typically includes:

The named executor or administrator (if different).
Heirs and beneficiaries under a will or intestacy.
Joint owners or persons with recorded title/possession rights.
Creditors with a valid claim if control would affect their rights.

4. Common legal grounds to object or move to dismiss

Some common and viable grounds under Georgia practice include:

Lack of jurisdiction/venue: The probate court must have authority over the decedent and the property. If the court lacks jurisdiction or the venue is improper, ask for dismissal or transfer.
Improper service or notice: Georgia law requires notice to interested parties. If you didn’t get proper notice, object and seek a continuance or dismissal.
No standing: The petitioner must have a legal right to possession or control. If they lack standing, move to dismiss.
Failure to plead required facts: If the petition doesn’t allege facts sufficient to support the relief requested, file a motion to dismiss for failure to state a claim.
Competing ownership or title dispute: If you claim ownership or a superior right (deed, joint tenancy, trust), assert that claim and ask the court to deny possession to the petitioner until the dispute is resolved.
Pending will contest or estate administration: If someone else is properly appointed to administer the estate or a will is under contest, argue that the petition is premature or conflicts with ongoing proceedings.
Fraud or bad faith: Show the petitioner seeks control for an improper purpose (e.g., to sell property below market value or remove assets).

5. Practical procedural steps to challenge or dismiss

Act quickly. Probate matters move fast. Check the petition for any deadline to respond and the court’s local rules.
File a written response or objection. In most Georgia probate courts you file a written answer, objection, or motion. State the specific grounds for dismissal and ask for relief (dismissal, hearing, injunction).
Request a hearing. Ask the court to set the matter for a hearing so you can present evidence and witness testimony.
Seek emergency relief if necessary. If assets will be dissipated or harmed, file for a temporary restraining order (TRO) or preliminary injunction to preserve property until the court decides the petition.
Serve all interested parties. Make sure the petitioner and all known interested persons receive copies of your filings per the court’s rules.
Prepare documentary evidence. Gather deeds, bank statements, title documents, trust instruments, wills, communications, and affidavits to support your position.
Use discovery if appropriate. In contested matters you may be able to request documents, admissions, or depositions to prove your claims (follow local probate procedures).

6. Evidence the court will consider

Probate judges consider written documents (wills, deeds, titles), testimony, affidavits, and sometimes forensic or expert evidence (appraisals). The moving party must demonstrate a legal right to possession or that the relief requested is necessary to protect the estate.

7. Possible outcomes

Dismissal of the petition.
Denial of temporary possession pending further proceedings.
Limited or supervised possession (bond, inventory, court oversight).
Appointment of a different administrator or executor.
Settlement between parties with agreed terms for possession and control.

8. What happens if you ignore the petition

If you fail to respond or appear at a hearing, the court may grant the petitioner’s request by default. That could result in loss of physical control over property or court-ordered transfers. Acting early protects your rights.

9. Hypothetical example (illustrative)

Fact pattern: A petitioner files a probate petition asking to take control of a decedent’s bank accounts and sell a car. You are a named beneficiary who believes the petitioner was never appointed as personal representative and lacks standing.

Steps you could take:

Check the petition for the court date and response deadline.
File a written objection saying the petitioner has no appointment and lacks standing; request a hearing.
Attach copies of the will or prior administration documents showing someone else is the nominated personal representative or that no appointment has been made.
Ask the court to issue a TRO preventing removal or sale of assets until the matter is resolved.

10. Costs, bonds, and supervision

The court may require a bond from anyone the court allows to take control of estate assets. The court can also require inventories, periodic accountings, and other safeguards. If you believe the petitioner should post a bond or be supervised, request those protections in your objection.

11. Finding a lawyer or additional help

Because probate procedures and local rules vary across Georgia counties, consult a lawyer with experience in Georgia probate practice as soon as possible. For general probate court locations and contact info, see: Georgia Probate Courts.

Helpful Hints

Read the petition and any attachments carefully. The petition’s allegations and listed relief shape your response.
Check the probate court’s local rules; they control filing format, deadlines, and service methods.
File something in writing even if you plan to negotiate — an unanswered petition risks default relief.
Document everything: take photos of property, get copies of deeds and bank records, and save communications.
If assets are at immediate risk, ask the court for a TRO or preliminary injunction to preserve the estate.
Be prepared to ask the court for bond and inventory requirements if the court gives someone possession of estate assets.
Consider alternative dispute resolution (mediation) to resolve possession disputes quickly and cheaply.
Keep in mind that probate courts care about the orderly administration of estates and protecting creditors, heirs, and beneficiaries.