Detailed Answer
Overview. When someone files a petition in Missouri probate court asking for possession and control of property that belonged to a decedent, people with an interest in the estate can challenge or ask the court to dismiss that petition. Typical petitioners include proposed personal representatives, custodians, or claimants alleging they have statutory authority or a court order giving them control of certain assets. Responding effectively means understanding standing, the grounds to oppose, the procedural steps, and the evidence you will need.
Who can challenge a probate petition?
Commonly, these people may have the right to object: heirs, devisees, named beneficiaries, named or appointed personal representatives, creditors with filed claims, and other parties with an apparent property interest. If you think you have an interest, you should act promptly; probate courts enforce procedural deadlines.
Legal bases to challenge or move to dismiss
- Lack of standing. The petitioner must have statutory or court-granted authority to seek possession and control. If they lack that authority, ask the court to dismiss.
- Improper or insufficient service or notice. If you did not receive proper notice under Missouri probate rules or statute, the court may not have jurisdiction over you or the property.
- Wrong venue or lack of jurisdiction. The probate court must have jurisdiction over the estate and the property; if not, ask for dismissal or transfer.
- Failure to state a claim. If the petition does not set out facts that, even if true, would entitle the petitioner to possession, you can move to dismiss for failure to state a claim.
- Property is not estate property. Show evidence that the item is nonprobate property (joint tenant asset, life insurance payable to a named beneficiary, trust asset, etc.).
- Completed or conflicting administration. If another administration is ongoing or already closed, or an earlier court order covers the asset, you can challenge the petition as barred by prior orders.
- Bad faith or fraud. If the petition is based on falsified documents or improper conduct, challenge the factual foundation and request sanctions if appropriate.
Step-by-step actions to take in Missouri
- Read the petition, summons, and any attachments carefully. Note deadlines, hearing dates, and claimed legal authority.
- Check service and notice. Confirm you were served as required. If you were not properly served, you may file a written objection explaining insufficient service and request dismissal or new service.
- Determine your relationship to the estate and gather documents. Collect wills, trust documents, deeds, title paperwork, account statements, death certificate, letters testamentary/letters of administration, and correspondence.
- File a written response or objection. Most courts require a written answer or motion. File within the time stated on the summons or under local rules—often 30 days, but check the summons and local probate procedures immediately.
- If appropriate, file a motion to dismiss early. Grounds include lack of jurisdiction, lack of standing, improper venue, or failure to state a claim. Supporting affidavit or exhibits help the court resolve threshold issues quickly.
- Use discovery if factual disputes exist. Request documents, interrogatories, and depositions to test the petitioner’s claims and reveal any fraud or misrepresentation.
- Attend the hearing and present evidence. Bring originals or certified copies of key documents and witnesses who can testify to ownership or procedural defects.
- Seek emergency relief if assets are at risk. If the petitioner is about to remove or dissipate estate assets, ask for a temporary restraining order or injunction to preserve the property while the dispute is resolved.
- Consider settlement or alternative dispute resolution. Probate disputes can be costly. Mediation or negotiated agreements sometimes resolve possession disputes faster and cheaper than prolonged litigation.
Missouri statutes and rules to consult
Missouri’s probate statutes set out who may administer estates and the court’s powers in estate administration. For statutory text and definitions, consult the Missouri Revised Statutes related to administration of estates. See the statutory chapter for administration of estates on the Missouri Revisor website: RSMo Chapter 473 — Administration of Estates. Also review local probate court procedures and Missouri Supreme Court rules for procedure and deadlines.
Evidence you will likely need
- Original or certified copies of wills, trusts, deeds, and account titles.
- Letters testamentary or letters of administration, if issued.
- Bank records, beneficiary designations, and insurance policies to show nonprobate status.
- Affidavits or witness statements about possession, ownership, or transfer history.
Practical tips on timing and cost
Do not ignore the petition or the summons. Missing deadlines can result in default rulings that are difficult to undo. Expect the process to involve court filings, possible discovery, attorney fees, and hearing costs. If money is limited, ask the court about limited-scope representation, fee waivers, or using mediation to reduce expenses.
Final note on process: Probate is a court-managed, rule-bound process. The best defenses combine sound procedural objections (service, standing, jurisdiction), careful documentary proof (titles, beneficiary designations), and timely motions. If your dispute is mainly factual (who owns the property), expect the court to allow discovery and a contested hearing. If your dispute is mainly legal (petitioner lacks authority), a motion to dismiss may resolve the issue early.
Helpful Hints
- Do not delay: the summons contains deadlines—missing them can forfeit your rights.
- Check whether the property is nonprobate (joint tenancy, TOD/POD accounts, life insurance, or trust assets) — these often fall outside probate control.
- Keep originals and create a clear exhibit list for court hearings.
- Document all communications with the petitioner and the probate court clerk.
- Ask the court clerk for local probate rules and filing fee schedules; local practice can vary by county.
- If assets are at risk of removal or waste, seek an emergency order to preserve them.
- Consider obtaining a limited consultation with a probate attorney to evaluate your standing and the strength of your defenses; many attorneys offer brief paid consultations.
- If the estate appears to be mishandled, a petition to appoint a different personal representative or to remove the current representative may be appropriate.
Disclaimer: This article is informational only and not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Missouri attorney who handles probate matters.