Detailed answer — what to know and the main paths to challenge

When someone files a petition in Florida probate court asking for possession and control of estate property, the petitioner is asking the court to recognize a right to access, manage, or take custody of property that may belong to the decedent’s estate. If you disagree with that petition, common options are: (1) object or answer on the merits, (2) file a motion to dismiss for legal defects, or (3) seek emergency relief (temporary restraining order or injunction) to prevent loss or waste of property while the case proceeds.

Key legal framework

Florida’s probate statutes govern how estates are administered, who may control estate property, and what procedures apply. For the statutes that govern estate administration and control of property, see Florida Statutes, Chapter 733 (Administration of Estates):
Florida Statutes Chapter 733.

Common legal bases to challenge or dismiss the petition

• Lack of standing: The petitioner must have legal authority (for example, a court appointment as personal representative or another statutory basis) to seek possession. If they lack standing, ask the court to dismiss.
• Improper service or lack of notice: Florida law requires notice to interested persons. If you were not properly served or no notice was given, you can move to dismiss or continue until proper notice is provided.
• Wrong forum or lack of jurisdiction: If the property is not within Florida probate jurisdiction or the matter belongs in a different court or procedure, you can raise jurisdictional defenses.
• Petition fails to state a claim: The petition must allege sufficient factual and legal grounds for possession and control. If it is conclusory or lacks facts, move to dismiss for failure to state a cause.
• Property is not estate property: If the property passed outside probate (e.g., joint tenancy with right of survivorship, beneficiary designation, trust asset, or homestead protection), demonstrate that the item is not estate property and oppose the petition.
• Pending competing claims or administration: If another person is the duly appointed personal representative, or there is pending administration that conflicts, present those facts to the court.
• Emergency or waste: If possession would cause immediate harm, file for temporary relief to prevent removal, waste, or dissipation of assets.

Typical procedural steps to challenge a petition

1. Read the petition and any summons or notice carefully. Note deadlines and whether you are named as an interested person.
2. Check service and notice. Confirm the petition was served according to probate rules; lack of proper service is a common procedural defect.
3. Preserve the property and evidence. Do not voluntarily surrender or alter property; take photos, gather title documents, bank records, deeds, insurance, and beneficiary designations.
4. File a written response (answer or objection). In Florida probate practice you typically file a written objection or response stating the reasons the petition should be denied or limited. The response should include factual support and, if available, legal authorities.
5. Alternative: file a motion to dismiss or to strike. Use a motion when the petition is legally deficient (lack of standing, lack of jurisdiction, insufficient factual allegations, or failure of notice).
6. If necessary, ask for emergency relief. File a motion for temporary injunctive relief or a temporary restraining order if urgent action is needed to preserve assets pending the court’s decision.
7. Request a hearing and prepare evidence. Ask the court to schedule a hearing. Bring documentary evidence, witness statements/affidavits, and legal argument to show why the petition should be denied or limited.
8. Use discovery if the record is unclear. You may serve subpoenas for documents, ask for sworn statements, or request a formal evidentiary hearing to resolve disputed facts.

Practical defenses and evidentiary points to raise

When opposing the petition, focus on evidence that proves:

• Title documents, deeds, beneficiary designations, trust instruments, or joint owner records showing the property is not estate property.
• If the petitioner claims authority through appointment, show appointment papers or lack thereof.
• Proof of improper service or lack of notice to interested persons.
• Evidence of immediate harm or risk of dissipation if possession is granted.
• Contracts, insurance, accounting records, or other documentation that contradict the petitioner’s factual claims.

Timing and deadlines

Deadlines in probate can differ from standard civil cases and may vary by county and by the type of petition. The petition and accompanying notice will typically say when you must respond or appear. If you miss a deadline you may lose rights to challenge. Act quickly: preserve evidence, confirm the deadline on the petition, and, if necessary, ask the clerk or court for local guidance about response times.

Possible outcomes

• Petition denied in whole or in part.
• Petitioner granted controlled or limited possession (for example, court-ordered temporary access under supervision or bond).
• Temporary injunctive relief entered to preserve property pending final resolution.
• Agreement or settlement among interested persons that avoids court adjudication.

Hypothetical example

Sam files a petition asking the probate court to give him possession of a house he says belonged to the decedent. Maria, the decedent’s daughter, objects and produces the deed showing the house was held in joint tenancy with right of survivorship; Maria was co-owner and the deed transferred ownership automatically at death. Maria files a written objection, attaches a copy of the deed, and asks the court to dismiss Sam’s petition because the house is not estate property. Maria also asks for an emergency order preventing Sam from changing locks while the court considers the matter. The court reviews the deed and, finding joint tenancy controls, denies Sam’s request for possession of the house.

Where to find the statutes and forms

Florida statutes governing estate administration are collected in Chapter 733. Read the chapter for statutory rules on who may administer an estate and what powers an appointed personal representative has: Florida Statutes Chapter 733. For local practice, check the county court’s probate procedures and the Florida Courts website or the clerk of the court.

Helpful hints

• Do not voluntarily surrender or move contested property. Avoid unilateral actions that could weaken your legal position.
• Document everything. Take photos, keep copies of communications, and retain original documents like deeds, titles, and beneficiary forms.
• Confirm whether property passed outside probate (trust assets, beneficiary-designated accounts, joint tenancy). If so, probate may not control that property.
• Check the petition for service and notice language. If you weren’t properly served, alert the court immediately.
• Ask for a closed-door or emergency hearing if there is risk of immediate loss or waste of estate property.
• Consider a limited appearance or a short, targeted response if you need time to gather evidence but want to preserve rights.
• Keep communications formal and in writing. Admissions in informal messages can be used in court later.
• Use the clerk of court and local probate forms for filing; counties often publish checklists and local rules that affect procedures and deadlines.