Challenging a Petition for Possession and Control of Estate Property (Washington)

Quick answer: If someone files a petition asking the probate court for possession and control of estate property in Washington, you can oppose that petition by timely filing a written objection or a motion to dismiss, requesting a hearing, and presenting facts and legal arguments showing why the court should deny the requested relief. Common grounds include lack of notice, lack of jurisdiction or standing, a defective petition, competing ownership or rights to the property, or allegations of fraud or undue influence. You can also ask the court for temporary protections (an injunction or a freeze on distribution) while the dispute is resolved.

Detailed answer — what this means and how the process works

This article explains, in plain language, what to do if someone petitions the Washington superior court for possession and control of estate property (for example, asking the court to let them take control of a decedent’s house, bank accounts, or other assets). Probate in Washington is governed by Title 11 of the Revised Code of Washington; that title sets the rules for who may open probate, how notice is given, and how estate property is handled. See RCW Title 11: https://app.leg.wa.gov/rcw/title11/.

Step 1 — Read the petition and any papers you received

Carefully read the petition, any affidavits or exhibits, and the proof of service. The petition should state what relief the petitioner asks for, the legal basis, and how they served interested persons. Take note of any hearing date and the deadline for filing objections. If you don’t understand the documents, make a complete copy and get help from a lawyer, legal aid clinic, or self-help center.

Step 2 — Confirm whether you have standing and whether you were properly notified

Only certain people are entitled to notice and to object in probate — usually heirs, beneficiaries, creditors, or persons with a property interest. If you were not served or did not receive proper notice, the petition may be defective. Washington’s probate statutes and court rules require proper notice to interested persons; lack of notice is a common and important ground for challenge. See general probate rules at Title 11: https://app.leg.wa.gov/rcw/title11/.

Step 3 — Decide how to respond: informal contact, written objection, or motion

Options include:

• Contact the petitioner to try to resolve the issue short of court (for example, by agreeing on security for the assets or limited access while issues are decided).
• File a written objection or response with the court that states your factual and legal reasons the petition should be denied or limited. Follow the court’s filing and service rules.
• File a motion to dismiss if the petition fails legally (for example, if the petitioner lacks authority, the petition is procedurally defective, or the court lacks jurisdiction).

Step 4 — Ask the court for emergency relief if necessary

If estate property is at risk of being wasted, sold, or removed, you can ask the court for temporary relief (often called a temporary restraining order or injunction) to preserve the assets until the court can hold a hearing. Be prepared to show immediate and irreparable harm and why you should get temporary protection.

Step 5 — Gather evidence and prepare for the hearing

Collect documents (titles, deeds, account statements, will copies, letters, communications), witness statements, and any evidence of ownership, survivorship rights, or procedural defects. Prepare a concise declaration or affidavit for the judge explaining your position.

Step 6 — Common legal grounds to challenge a petition

You can challenge the petition on many bases. Common grounds include:

• Improper notice or service: Interested persons must be given proper notice before the court can act.
• No standing or authority: The petitioner may lack statutory authority or letters of administration to control estate property.
• Competing ownership or rights: The property may belong to someone else by survivorship, joint tenancy, community property rules, or an inter vivos transfer.
• Defective petition or pleadings: The petition may not state facts sufficient for the relief requested.
• Fraud, undue influence, or forgery: If the petition relies on documents or facts obtained by fraud, ask the court to reject them.
• Priority of claims: Creditors, secured parties, or other claimants may have priority rights to property.

Step 7 — Possible outcomes

The judge may:

• Deny the petition entirely;
• Allow possession and control but with conditions (bond, accounting, limited authority);
• Grant temporary protections while the estate dispute is litigated;
• Set a trial or further evidentiary hearing to decide ownership or rights to the property.

How to file and serve objections (practical checklist)

1. Confirm filing and service rules with the clerk of the superior court in the county where the probate case is filed. Each superior court handles filings and hearing scheduling.
2. Prepare a written objection or motion stating your grounds and the relief you seek. Include a declaration from anyone with direct knowledge and attach key documents.
3. File the objection/motion with the court and pay any fee or request a fee waiver if eligible.
4. Serve the petitioner and other interested persons with your filed papers following the court’s service rules.
5. Request a hearing date and make sure the judge’s clerk has the matter scheduled on the calendar.
6. Attend the hearing and present your argument and evidence; be prepared to ask for temporary relief if assets are at risk.

Statutes and court resources

Washington probate law is found in Title 11 of the Revised Code of Washington (RCW). The RCW Title 11 index is a starting point for statutes on appointment of personal representatives, notice, powers, and procedures: https://app.leg.wa.gov/rcw/title11/.

Because local rules and filing practices vary by county, check the superior court clerk’s office or local court rules where the case is filed for filing deadlines, form requirements, and hearing procedures.

When to get a lawyer

If the estate has substantial assets, the petition raises complex legal questions (ownership disputes, allegations of fraud, or large creditor claims), or the opposing side has hired counsel, you should strongly consider hiring a Washington probate attorney. An attorney can evaluate statutory arguments, prepare pleadings, and represent you at hearings and discovery.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, contact a licensed attorney in Washington.

Helpful Hints

• Act quickly — time limits and hearing dates matter in probate. Even informal communications can help preserve your position.
• Keep careful copies of everything you receive and send to the court and other parties.
• Focus your court papers on the narrow legal issue the judge must decide (notice, authority, ownership, or risk to assets).
• If you ask for temporary relief, be ready to explain and prove immediate risk of loss or dissipation of estate property.
• Ask the clerk or self-help center for filing checklists or forms; some counties provide probate forms for objections and motions.
• Consider preservation measures such as asking the court to require a bond, order an accounting, or freeze distributions pending resolution.
• Document any communications with the petitioner and other interested persons — they can be evidence later.