Detailed Answer — Overview of the issue

When someone files a petition in probate court asking the court to order possession or control of estate property (for example, asking that a personal representative, heir, or third party turn over funds, personal property, or real estate), interested persons can challenge or try to get that petition dismissed. Probate courts in Indiana follow the Indiana Probate Code (Title 29 of the Indiana Code) and local court rules for procedure.

Common reasons people challenge such petitions include lack of standing, inadequate notice, disputed ownership or title, improper appointment of a personal representative, failure to follow statutory procedures, or factual disputes about whether the property is part of the decedent’s estate. Whether a petition can be dismissed outright or only after a hearing depends on the evidence, the procedural posture, and the judge’s findings.

To find the governing statutes and probate procedures, consult the Indiana Code, Title 29 (Probate). The full text of Indiana’s probate statutes is available from the Indiana General Assembly: https://iga.in.gov/laws/ (select Title 29).

Step-by-step: How to challenge or move to dismiss

1. Act quickly and check the petition and notice. Read the petition closely. Note the court, case number, scheduled hearing date, the relief requested, and who is listed as parties. If you received formal notice, the petition should state the basis for the petition and the statute or rule the petitioner relies on.
2. Determine standing and deadlines. Make sure you are an interested person under Indiana probate law (e.g., heir, beneficiary, creditor, or party with legal interest). Confirm the hearing date and any deadline to file written objections or other responsive documents. Deadlines can vary—contact the clerk’s office or a local attorney if the schedule is unclear.
3. File a written objection or response. If you disagree with the petition, file a written objection, response, or motion to dismiss with the probate court before the hearing (or at the hearing if permitted by local practice). State the facts you dispute, the legal grounds for dismissal (for example, lack of jurisdiction, lack of notice, or the petitioner lacks authority), and the relief you want (dismissal, delay, hearing, or an order preserving the status quo). Always include your contact information and caption the document with the case number and parties.
4. Ask for temporary relief if needed. If immediate action is required to protect estate property (for example, to prevent removal, sale, or destruction), you can ask for interim relief such as a temporary restraining order (TRO), temporary injunction, or an order to preserve the property until the dispute is resolved. Indiana courts can issue emergency orders if the record supports immediate preservation of assets.
5. Prepare evidence and witnesses. Gather documents that support your position: title documents, deeds, account statements, letters, communications about possession, wills or trust documents, appointment letters, prior probate filings, and any receipts or photos. Prepare witness statements or affidavits to corroborate facts if needed.
6. Attend the hearing and present your case. At the hearing, be prepared to explain why the petition should be denied or modified. If you filed a motion to dismiss, explain the legal basis. If factual disputes exist, ask for discovery (depositions, document requests, interrogatories) where permitted so you can obtain proof before a final decision.
7. If the petition survives the initial challenge, consider discovery and trial. If the court denies a motion to dismiss and the petition proceeds, use discovery tools and prepare for a contested hearing or trial. Be ready to prove facts supporting your position and to challenge the petitioner’s evidence.

Common legal grounds to challenge or seek dismissal

• Lack of jurisdiction or improper venue. The probate court must have jurisdiction over the estate and the parties. If the decedent’s estate is not properly before the court, the petition may be subject to dismissal.
• Insufficient notice or defective service. The petitioner must give proper statutory notice to heirs, beneficiaries, and interested parties. If you did not receive required notice, you may move to dismiss or continue the hearing until you receive notice and have a chance to respond.
• Lack of standing. The petitioner must have legal authority to ask for possession (for example, as an appointed personal representative or as a person with a demonstrable legal claim to the property). A person without standing cannot obtain relief.
• Disputed ownership or competing claims. If you show evidence that you own the property or that it is not part of the decedent’s probate estate (for example, jointly owned property, property in trust, or property subject to a valid transfer), the court may deny the petition.
• Improper appointment or qualifications of fiduciary. If the person seeking possession claims authority as a personal representative but has not been properly appointed or has failed to post any required bond, you can challenge their authority.
• Statutory noncompliance. If the petitioner failed to follow statutory procedures for the relief requested, that failure can justify dismissal or a continuance for compliance.

Evidence and proof that help your challenge

Collect and organize documents that directly address ownership and control: deeds, titles, bank statements, beneficiary designations, trust documents, transfer-on-death instruments, receipts, written communications, and appointment papers for any fiduciary. Affidavits from witnesses with firsthand knowledge can be powerful. If the matter concerns real property, consider a recent title report or deed search to show who holds legal title.

Practical considerations and timeline

Probate matters often move quickly on petitions that seek possession of property. You should:

• Confirm the hearing date and file any response before that date.
• Ask the court for a continuance if you need time to gather proof.
• Request preservation orders if property is at risk.
• Be realistic about time, cost, and the strength of your proof.

Courts generally prefer disputes over the ownership or control of estate property to be resolved through a hearing where both sides present evidence. The court may dismiss the petition if statutory requirements are unmet or may limit the petitioner’s relief.

Appeals and post-judgment steps

If the court denies your objection and grants the petition, you can often appeal that decision. Appeal deadlines are short. Carefully note the court’s final order and consult an attorney about whether an appeal or other post-judgment relief (such as a motion to modify or vacate) is appropriate.

When to consult an Indiana probate attorney

Consult a probate attorney if:

• The value of the property at stake is substantial.
• Factual disputes about title are complex.
• You need emergency relief to preserve assets.
• Multiple parties contest the petition and litigation is likely.

A licensed Indiana probate attorney can review the petition, identify the exact statutory grounds to challenge it, draft formal objections or motions, and represent you at hearings.

Helpful Hints

• Read the petition and any supporting exhibits carefully. Note the statutory authority the petitioner cites.
• Check Title 29 of the Indiana Code for statutory requirements relating to probate and fiduciary powers: https://iga.in.gov/ (select Title 29 in the Laws section).
• Contact the probate clerk’s office immediately to confirm hearing dates and filing deadlines.
• Preserve evidence: make copies of deeds, account statements, correspondence, and photographs relevant to the property.
• If property is at risk, file a request for temporary relief or an order to preserve assets as soon as possible.
• Consider mediation if parties want a faster, less expensive resolution than a contested hearing.
• Keep communications about disputed property in writing when possible. Oral statements can be disputed later.
• Get help from an attorney experienced in Indiana probate law early if the dispute looks likely to become contentious.