Detailed answer — step-by-step under Colorado law

1. Understand what the petition asks the court to do

Petitions for possession and control of estate property commonly ask the court to give a petitioner (often a personal representative, successor fiduciary, or a claimed interested party) the legal right to take custody of assets, manage them, sell property, or otherwise exercise control during probate. In Colorado, probate matters are governed by the Colorado Revised Statutes (Title 15) and the Colorado court rules. For the governing statutory framework and definitions, see the Colorado Revised Statutes (Title 15, Probate and Fiduciary law): https://leg.colorado.gov/content/colorado-revised-statutes.

2. Check service, parties, and jurisdiction first (procedural gateways)

Before addressing the merits, verify these items. If any fail, you may be able to get the petition dismissed without a full hearing.

• Service: Was the petition and notice served correctly on required persons (heirs, beneficiaries, known creditors)? Improper service can be a basis to object. (Check the probate rules and local court instructions.)
• Standing: Does the petitioner have legal standing (e.g., appointed personal representative, designated successor fiduciary, or statutory interest)? If not, they cannot obtain possession orders.
• Jurisdiction and venue: Is the probate matter filed in the correct county court where the decedent resided or owned property? Lack of jurisdiction or wrong venue can support dismissal.
• Required parties: Did the petitioner include all necessary parties or name interested persons? Excluding necessary parties can be grounds to deny or continue the petition.

3. Common substantive grounds to challenge the petition

Even if procedure is correct, you can oppose the petition on the merits. Typical substantive objections include:

• The petitioner is not the lawful personal representative or lacks letters testamentary/letters of administration.
• The requested relief exceeds the petitioner’s statutory powers (e.g., selling property without court approval where approval is required).
• The petition asserts facts that are false, incomplete, or unsupported by evidence (ownership, encumbrances, inventory errors).
• There is an unresolved will contest, beneficiary dispute, or claims of undue influence that make distribution or possession premature.
• The petitioner failed to post a required bond or meet bonding requirements for fiduciaries.
• There is a conflict of interest, self-dealing, or indication the petitioner will mismanage or dissipate estate assets.

4. Timing: when and how to object

File objections as soon as possible. Deadlines vary by county and by the type of probate filing, so do not rely on a single statewide number. In practice:

• File a written objection or answer with the probate court and serve the petitioner. Label it as an objection or a motion to dismiss if you believe the petition fails on legal grounds.
• If the petition seeks immediate possession of property, ask the court for a hearing on an expedited basis or file an emergency motion for temporary relief (see below).
• Include a proposed order and concise legal argument. State the relief you want (dismissal, denial, limited possession, bond, or an evidentiary hearing).

5. Motions to dismiss and other motions to file

Possible pre-hearing motions include:

• Motion to dismiss for lack of jurisdiction, lack of standing, or failure to join necessary parties.
• Motion to dismiss for failure to state a claim if the petition does not legally support the requested relief.
• Motion for a temporary restraining order (TRO) or preliminary injunction to prevent removal, sale, or transfer of high-value or unique property while the dispute resolves.
• Motion to require a bond or additional security from the petitioner to protect estate assets.

6. Emergency relief when estate property is at risk

If a petitioner is poised to remove, sell, or dissipate property, ask the court for immediate relief. In Colorado probate courts you can request temporary restraining orders or other emergency measures. Prepare the facts showing imminent harm and why you cannot wait for a normal hearing. Courts take the risk of dissipating estate assets seriously.

7. Prepare facts and evidence

Gather documentation to support your objections:

• Copy of decedent’s will, codicils, and any related pleadings.
• Letters testamentary/letters of administration if issued, or proof that none were issued.
• Title documents, deeds, vehicle titles, financial statements, bank account records, and account statements showing ownership.
• Correspondence, witness statements, or other evidence of mismanagement, undue influence, or fraud.
• Inventory and appraisement documents, if available.

8. Discovery and hearings

Probate litigation allows discovery. You can seek documents, admissions, and depositions to prove mismanagement or to test the petitioner’s claims. At the evidentiary hearing, present your proof and legal argument. The court will weigh factors such as: the petitioner’s authority, the estate’s best interests, creditors’ rights, and preservation of estate value.

9. Settlement, alternatives, and costs

Many probate disputes settle. Mediation or negotiated conditions (e.g., limited possession, appointment of a neutral escrow agent, increased bond) can resolve conflict faster and with less cost. Be aware that unsuccessful or frivolous filings may expose a party to cost-shifting or sanctions.

10. When to get a lawyer

Consider hiring a probate lawyer if the estate has significant assets, if you need emergency remedies, if the dispute involves allegations of fraud/undue influence, or if the procedural requirements and local rules are unfamiliar. A lawyer experienced in Colorado probate can file the right motions, obtain emergency relief, and handle contested hearings.

Key resources

• Colorado Revised Statutes (probate and fiduciary law): https://leg.colorado.gov/content/colorado-revised-statutes
• Colorado Judicial Branch — court rules and self-help probate information: https://www.courts.state.co.us/

Helpful Hints

• Act fast. Probate matters often move quickly; delay can limit your options.
• Always check the petition’s proof of service. If you were not served properly, raise that immediately.
• Ask the court for temporary relief when asset loss is imminent (TRO or injunction).
• Collect documents early — deeds, bank statements, the will, letters, and inventories are critical evidence.
• Focus objections on clear legal defects (no standing, lack of letters, improper service) when possible — courts may deny broad, fact-heavy challenges without evidence.
• Consider proposing neutral solutions (bonding, third-party custody of assets, escrow) to reduce friction and preserve estate value.
• Confirm local county probate procedures and deadlines — counties can have specific forms and scheduling rules.
• If the matter involves potential criminal conduct (theft, forgery), contact law enforcement as well as the court and an attorney.