Quick overview

If someone files a petition in Michigan probate court asking for possession or control of estate property, you can oppose that petition. Common reasons to challenge include lack of notice, improper service, lack of jurisdiction, wrongful appointment of the personal representative, mistaken identification of the property as estate property, fraud, undue influence, or failure to follow statutory procedures. This article explains, in plain language, the steps you can take, what you must prove, and practical tips for preparing your response.

Disclaimer

This information is educational only and is not legal advice. It does not create an attorney-client relationship. If you need legal advice about a specific case, consult a licensed Michigan attorney.

Detailed answer: how to challenge or move to dismiss a petition in Michigan probate

1. Identify what the petition asks the court to do

Start by reading the petition carefully. Common relief sought in petitions for possession and control of estate property includes: authority to collect or take physical control of real or personal property, sell assets, or exclude other people from property. The petition should state the legal basis for the request and the facts the petitioner relies on.

2. Confirm jurisdiction and notice

Probate court must have jurisdiction over the decedent’s estate and proper notice must be given to required persons. If the court lacks jurisdiction (for example, because the decedent did not live in Michigan or the probate was opened in the wrong county), or if required heirs/beneficiaries were not given proper notice, you can move to dismiss or ask the court to deny the petition. Review the petition’s certificate of service and any proofs of notice attached to the court file.

See Michigan probate law (Estates and Protected Individuals Code) for the statutory framework: MCL 700.1101 et seq. (EPIC).

3. Determine standing — who can object

Persons who commonly have standing to object include: heirs, beneficiaries under a will, named devisees, creditors with a legitimate claim, a previously appointed personal representative, or anyone who will be directly harmed by the court granting possession/control. If you are an interested person, you may file a written objection or appear at the hearing and speak.

4. Grounds for objection or dismissal

• Lack of proper notice or service.
• No legal authority: the petitioner is not the personal representative or not authorized under the will or statute to take possession.
• Property is not part of the estate (belongs to someone else, is jointly owned with survivorship, or was transferred before death).
• Fraud, forgery, or undue influence surrounding the document that supports the petition.
• Conflict with an earlier court order (res judicata) or competing petitions (e.g., competing personal representative appointment).
• Failure to file required inventories, accountings, or bond when the law requires them.
• Immediate irreparable harm: you may ask for temporary relief to prevent transfers or removals during litigation.

5. Procedural steps — how to contest

1. Check the clerk’s case file to confirm the petition, supporting documents, and hearing date.
2. File a written objection/answer with the probate court before the scheduled hearing. Label it clearly (“Objection to Petition for Possession and Control of Estate Property” or similar). Include simple, clear facts and the legal grounds why the court should deny the petition.
3. Request a hearing if one is not already scheduled. If the petition is on the court’s calendar, appear on the hearing date. In most probate matters, timely filing of a written objection preserves your right to a hearing.
4. Attach supporting evidence: affidavits, deeds, title documents, bank records, correspondence, or other records showing ownership or irregularities in the petition.
5. If the situation is urgent (risk of removal or sale of property), you can file an emergency/temporary motion (often called an ex parte motion) asking the court to enter a temporary restraining order or stay to prevent disposition of the property until the objection is resolved. Courts grant emergency relief only when immediate harm is likely.
6. If multiple parties claim the same property or if there is conflict about the proper personal representative, ask the court to consolidate the issues or resolve competing petitions before allowing possession.

6. Evidence and hearing preparation

At the hearing, the petitioner will present evidence supporting their right to possession/control and the necessity of the relief. You should:

• Bring originals or certified copies of deeds, titles, bank statements, wills, beneficiary designations, or other documents that show ownership or rights.
• Prepare affidavits from witnesses (family members, neighbors, bank officers) to support your version of events.
• Prepare a concise timeline of relevant events: transfers, communications, appointments, or actions the petitioner took.
• If valuation or forensic accounting is central, consider obtaining an expert report in advance.

7. Possible outcomes

• Court denies the petition and leaves possession/control with current holder.
• Court grants the petition, subject to conditions (bond, accounting, limited powers).
• Court grants temporary relief while the parties litigate title or appointment issues.
• Case is referred to mediation or settlement conference if the court thinks parties can resolve the dispute without full trial.

8. Post-hearing and appeals

If the court issues an order you disagree with, Michigan law allows limited appeals from probate court orders. Appeals have strict time limits. Consult the probate court clerk or an attorney immediately after an adverse order to learn appeal deadlines and the procedures to seek review.

Helpful Hints

• Act quickly — probate calendars move fast. Missing a filing deadline or a hearing can waive rights.
• Get certified copies of wills, deeds, and probate filings from the clerk early in the case.
• Read the petition and all attachments word-for-word so you address every factual claim the petitioner makes.
• Request and review the case register and any inventories the personal representative filed. Errors in the inventory can support an objection.
• Keep records of communications (texts, emails, letters) with the petitioner and relevant third parties; these can be powerful evidence.
• Consider asking the court to require a bond if the petitioner seeks possession of estate property — a bond protects the estate if the petitioner mishandles assets.
• If you need help, consult a probate attorney quickly. Many attorneys offer an initial phone consult that can identify critical steps to protect your rights.
• Use court resources: contact the probate clerk for filing forms, local rules, and scheduling information. Michigan probate forms and court rules can be found at the Michigan Courts site: https://courts.michigan.gov/.
• Review the Estates and Protected Individuals Code for statutory duties and authority of personal representatives: MCL 700.1101 et seq.. (If you plan formal litigation, an attorney can point to the exact sections that apply to your situation.)

When to hire an attorney

Hire a Michigan probate attorney if any of the following apply: the petition involves significant assets, there are competing claims to property or to the role of personal representative, allegations of fraud or undue influence exist, emergency relief is required, or you’re unsure how to preserve appellate rights. An attorney can draft targeted pleadings, present evidence at hearings, and move for temporary injunctive relief when needed.

Final practical checklist

1. Obtain and read the petition and attachments.
2. Confirm service and notice to all interested persons.
3. File a written objection or answer before the hearing or appear on the scheduled date.
4. Gather documentary evidence and prepare affidavits.
5. Consider emergency relief if property is at risk of being lost or sold.
6. Contact a probate attorney when substantial assets, complex disputes, or tight deadlines arise.

For more information and to read Michigan probate statutes and rules, start at the Michigan Legislature site for the Estates and Protected Individuals Code (MCL 700.1101 et seq.) and the Michigan Courts website (https://courts.michigan.gov/).