Detailed answer: Step‑by‑step approach under Rhode Island law

1. Understand what the petition asks the court to do

Petitions for possession and control of estate property commonly ask the probate court to permit a personal representative, administrator, or other party to take possession of assets, manage property, collect rents, sell assets, or otherwise control estate property while the estate is being administered. Before acting, read the petition, the supporting documents, and any proposed orders closely.

2. Check applicable Rhode Island statutes and probate rules

Rhode Island probate matters are governed by the Rhode Island General Laws and the local probate court rules. For statutes governing probate courts and administration of estates, consult Title 33 of the Rhode Island General Laws: R.I. Gen. Laws — Title 33 (Probate). For practical local procedures and filing rules, check the Rhode Island Judiciary site or the probate court clerk where the matter is pending: Rhode Island Judiciary.

3. Identify timely grounds to contest or move to dismiss

Common legal reasons to object or move for dismissal include:

• Lack of jurisdiction or improper venue.
• The petitioner lacks standing or authority to seek possession/control (wrongly named personal representative or unauthorized party).
• The petition fails to state sufficient facts to justify possession or control of specific property.
• Procedural defects: improper service, missing required notices, or failure to provide a statutory inventory or bond when required.
• Disputed ownership of the property or competing claims by heirs/beneficiaries.
• Allegations of fraud, undue influence, or incapacity affecting the appointment or petition.
• Request for relief that is premature because the estate administration stage does not yet authorize the requested action.

4. Act quickly — deadlines and intervention

Probate courts often have short time windows for filing objections, answers, or motions. If you want to challenge the petition, file a written objection, answer, or motion as soon as possible with the probate court and serve the petitioner according to the court’s rules. If you miss a deadline, you may still ask the court to accept a late filing showing good cause, but courts do not always grant that request.

5. Prepare and file the proper papers

Typical filings include:

• Objection or contest: A written pleading stating why the court should deny the petition and the factual and legal grounds supporting your position.
• Motion to dismiss: If the petition fails as a matter of law (for example, lack of standing or jurisdiction), move to dismiss under the applicable probate rules or statutes.
• Answer: If required, file an answer to any allegations in the petition, admitting or denying factual statements and raising affirmative defenses.
• Emergency motions: If immediate relief is needed (risk of asset dissipation or irreparable harm), ask for temporary relief, such as a temporary restraining order or an order prohibiting transfer of property until the court hears the matter.

6. Gather and submit supporting evidence

Attach documentary evidence to your filings when possible: deeds, account statements, prior court orders, wills, letters of administration, inventories, correspondence, and witness affidavits. Evidence will strengthen a motion to dismiss or an objection and help the judge understand the dispute quickly.

7. Request a hearing and use discovery if appropriate

Ask the court for a hearing so you can present oral argument and evidence. If factual disputes exist, you may need discovery (document requests, written questions, depositions) to uncover information about the petitioner’s authority, transactions involving estate property, or alleged misconduct. Rhode Island probate courts may allow discovery similar to civil proceedings—check local rules and the judge’s procedures.

8. Consider alternative dispute resolution and settlement

Many probate disputes resolve by negotiation or mediation. If litigation would be costly or divisive, discuss settlement options with the other parties or propose mediation to the court.

9. If you lose, consider appeal options

If the probate court denies your motion to dismiss or rules against you, Rhode Island law provides appellate routes. Appeals from probate matters often go to the Rhode Island Supreme Court or the Superior Court depending on the nature of the order. Consult statute or a lawyer promptly because appeal windows are limited.

10. Practical risk management and costs

Litigating a probate dispute can consume estate assets. Courts may award costs or attorney’s fees in some circumstances if filings are frivolous or abusive. Balance the legal merits against potential costs and the estate’s size when deciding to contest a petition.

Key statute references and resources

• Rhode Island General Laws — Title 33 (Probate): https://www.rilegislature.gov/Statutes/Title33/
• Rhode Island Judiciary (court procedures and probate court information): https://www.courts.ri.gov/

Note: The exact statute or local rule that governs filing deadlines, service requirements, and remedies will depend on the type of petition and the probate court handling the matter. Use Title 33 as your starting point and confirm local probate court rules.

Helpful Hints

• File immediately. Probate deadlines are short. Even if you plan to negotiate, file a timely objection to preserve your rights.
• Get the case file. Request copies of the petition, supporting documents, inventories, letters testamentary/administration, and any prior orders from the probate clerk.
• Document ownership. Collect deeds, bank statements, titles, and bills of sale showing who owned or controlled the property before the petition.
• Focus on standing. One of the most effective early defenses is showing the petitioner lacks the legal authority to seek possession.
• Ask for emergency relief if necessary. If estate property faces immediate risk (sale, transfer, destruction), ask the court for temporary protection pending a hearing.
• Consider mediation. Mediation in probate disputes often preserves estate value and family relationships while avoiding protracted litigation.
• Watch for bond and inventory issues. If a personal representative failed to post a required bond or failed to file an inventory, point this out to the court—these procedural lapses can affect authority to control assets.
• Preserve evidence. Secure original documents and back up digital files. If assets are at risk, consider asking the court to appoint a receiver or custodian.
• Talk to a probate attorney. A lawyer experienced in Rhode Island probate can assess standing, prepare pleadings, and advocate at hearings. If cost is a concern, ask about limited-scope representation or unbundled services focused on the critical filings.