Challenging a Petition for Possession and Control of Estate Property in Vermont Probate Court

Overview. When someone files a probate petition asking the court to grant possession or control of estate property, affected people can object. The Probate Division follows Vermont law (Title 14) and local court rules. This article explains the typical grounds to contest those petitions, the steps to take in Vermont, what evidence helps, and how the court process usually unfolds.

Key legal framework

Vermont law that governs probate, fiduciaries, and estate administration is collected in Title 14 of the Vermont Statutes. See Vermont Statutes, Title 14: Probate, Trusts, and Fiduciaries: https://legislature.vermont.gov/statutes/title/14. The Vermont Judiciary maintains specific Probate Division information and forms on its website: https://www.vermontjudiciary.org/court-records/probate.

Who can challenge a probate petition?

• People with a legal interest in the estate, commonly called “interested persons” (for example, heirs, beneficiaries named in a will, creditors, spouses, and appointed personal representatives).
• Others who can show a direct and particular legal stake in the requested relief.

Common grounds to challenge or seek dismissal

• Lack of standing: The petitioner is not an interested person under Vermont probate law.
• Improper service or lack of notice: Required parties were not properly notified of the petition or hearing.
• Jurisdiction or venue defects: The court lacks authority over the property or person, or the petition was filed in the wrong probate court.
• Failure to state a legally sufficient claim: The petition does not allege facts that justify possession or control under Vermont law.
• Fraud, undue influence, or forgery: Questions about the validity of documents or the honesty of the petitioner.
• Accounting and fiduciary concerns: The petitioner (often a proposed personal representative) has not provided required inventories, accountings, or bond.
• Conflicting title or ownership: Evidence shows the property does not belong to the estate or is already in someone else’s name.

Step-by-step: What to do right away

1. Carefully read the petition and attachments. Note what relief is requested and which parties are listed.
2. Confirm whether you are an interested person. If you are named in a will, you are likely an interested person; otherwise, check whether you have a direct legal claim as an heir, creditor, spouse, or transferee.
3. Check the notice and service. Determine how and when the petitioner provided notice. If you did not receive notice required by law, the court may set aside actions taken without proper notice.
4. Gather documents and evidence. Collect deeds, title records, the decedent’s will or trust documents, bills, bank statements, correspondence, and any communications about the property.
5. File a written objection or response with the Probate Division. Vermont courts require filings to follow local format rules. Your response should state your interest, the factual basis for the objection, and the relief you seek (dismissal, hearing, temporary order, etc.). Attach supporting documents.
6. Request a hearing and any emergency relief if necessary. If the estate property is at risk of transfer or destruction, ask the court for a temporary restraining order or an order preserving the property until the hearing.
7. Consider discovery. If facts are disputed, you can ask the court for permission to take discovery (documents, depositions, subpoenas) before the hearing.

Procedural tools to seek dismissal

• Motion to dismiss: File if the petition fails to state a valid legal claim, the court lacks jurisdiction, or venue is improper.
• Motion to set aside or vacate actions taken without notice: If required notice procedures were not followed, ask the court to undo steps taken in the case.
• Request for bond or fiduciary protections: Ask the court to require a bond, inventory, or accounting before granting control of property.
• Emergency temporary orders: Seek immediate protection if there is imminent danger of loss or dissipation of estate assets.

What to expect at a hearing

The judge will consider evidence from both sides. Expect testimony, document submissions, and legal argument. The court may:

• Dismiss the petition entirely.
• Limit or condition the requested possession or control (for example, requiring bond or accounting).
• Issue temporary orders while further facts are developed.
• Set a full evidentiary hearing or order discovery.

Evidence that strengthens your position

• Deeds, title searches, mortgage records, or vehicle titles showing ownership outside the estate.
• The decedent’s will, trust instruments, beneficiary designations, or signed declarations about property.
• Bank records, bills, and receipts proving who paid for upkeep or taxes on the property.
• Communications (email, letters, texts) that show intent or agreements about possession.
• Affidavits or witness statements from people with direct knowledge.

After the court decides

If the court grants possession or control to the petitioner, the order will explain conditions and rights. If the court dismisses or denies the petition, the petitioner may be able to appeal. Appeals and post-judgment relief have strict deadlines, so act promptly.

When to get a lawyer

Probate disputes can turn on tight procedural rules and complex evidence. Talk to an attorney if the case involves significant assets, allegations of misconduct, or urgent risk that property will be lost or transferred. A lawyer can help prepare pleadings, obtain emergency orders, conduct discovery, and represent you at hearings.

Helpful resources (Vermont)

• Vermont Statutes, Title 14 (Probate, Trusts, and Fiduciaries): https://legislature.vermont.gov/statutes/title/14
• Vermont Judiciary — Probate Division info and forms: https://www.vermontjudiciary.org/court-records/probate

Helpful Hints

• Act quickly. Many probate rights and deadlines are short. Missing a deadline can forfeit your ability to object.
• Keep records. Original documents and timestamps help prove ownership and notice problems.
• Ask for temporary relief if assets are at risk. Courts can preserve the status quo while the dispute moves forward.
• Use clear, concise filings. State who you are, how you are affected, and what legal relief you request.
• Consider mediation. Some probate disputes resolve faster and cheaper through negotiated agreements.
• Confirm local filing rules. Each probate office has formatting and filing requirements; follow them exactly.
• When in doubt, consult a Vermont probate attorney. A lawyer can explain standing, timing, and strategic choices tailored to your facts.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It is not a substitute for consulting a licensed attorney about the specifics of your situation.