Short answer

If someone files a petition asking the probate court for possession and control of a decedent’s property in New Hampshire, you can oppose it by filing a timely written objection (or answer) with the probate court, asking for a hearing, and raising procedural or substantive defenses (lack of notice, lack of standing, improper appointment, errors in the petition, competing claims to the property, undue influence, or failure to follow probate rules). You should act quickly, preserve evidence, and consider hiring an attorney because probate timelines can be short and courts move fast.

Detailed answer — how to challenge or seek dismissal

1. Read the petition and any court paperwork carefully

Start by reviewing the petition and every paper the court sent you. The petition will describe what the petitioner wants (possession, control, sale, or disposal of estate property), the legal basis they rely on, and the notice and deadline for responding. The document may also show whether the petitioner claims to be personal representative, guardian, or custodian. Note the deadline for filing objections or an answer.

2. Confirm jurisdiction and proper service

Probate courts only act on matters properly before them. Common procedural grounds to challenge a petition include:

• Insufficient or improper service of the petition or notice. If you did not receive required notice, the court may not have jurisdiction over you.
• Wrong county or wrong court listed or lack of proper venue.
• The petitioner lacks authority (for example, they are not the appointed personal representative or guardian).

3. Check standing and authority

Ask: who asked for control of the property and why do they think they can do that? If the petitioner is not the court-appointed estate representative, their petition may fail. If the petitioner claims to act under a will or prior appointment, verify that appointment and any letters of appointment or letters testamentary.

4. Identify substantive defenses

Substantive reasons to oppose the petition commonly include:

• Competing ownership claims: you (or someone else) hold title or have a superior right to possession.
• The property is not estate property (it belonged to the decedent jointly with rights of survivorship, or it was held in trust).
• Improper accounting or incomplete inventory; the petitioner has not identified all assets or creditors.
• Undue influence or lack of capacity affecting transfers or the claimed basis for possession.
• Procedural defects in the petition (failure to plead required facts, missing attachments, or incorrect affidavits).

5. File a written objection or answer and request a hearing

To preserve your rights, file a written response with the probate court where the petition was filed. In the response:

• Identify the case number and parties.
• State that you oppose the petition and briefly state the grounds for your objection.
• Ask for a hearing and any relief you want (dismissal, denial of possession, temporary restraining order, accounting).

Make sure you file within the deadline shown on the petition or notice. When in doubt, file immediately and ask the court to accept a late response if necessary.

6. Consider emergency relief if needed

If immediate possession would cause irreparable harm (e.g., risk of property loss, destruction, or removal of assets), ask the court for an emergency temporary restraining order or a temporary injunction to preserve the status quo until a full hearing.

7. Use discovery and evidence

Prepare evidence that supports your position: deeds, title records, bank records, communications, wills, trust documents, inventories, and witness affidavits. Use court-ordered discovery (requests for documents, subpoenas, depositions where allowed by local probate rules) to obtain proof from the petitioner.

8. Motions to dismiss

If the petition fails to state a legal basis for relief, lacks jurisdictional facts, or is procedurally defective, you may move to dismiss. A motion to dismiss asks the court to throw out the petition without a full trial. Grounds include failure to state a claim, lack of standing, or improper party. Local probate rules and the court will govern motion content and timing.

9. Prepare for the hearing

At the hearing, the court will listen to the petitioner and to you. Bring organized documentary evidence and witnesses. Be ready to explain succinctly why the petition should be denied or limited. The petitioner has the burden to justify possession or control of estate property; you must show why their request is improper or unsupported.

10. If the court grants the petition — appellate options

If the probate court grants the petition and you believe the court erred, you may have the right to appeal under New Hampshire appellate rules. Appeals have strict deadlines. Consult an attorney promptly to evaluate appellate options.

Relevant New Hampshire resources

• New Hampshire Judicial Branch (probate court information and local probate contact info): https://www.courts.state.nh.us/
• New Hampshire Revised Statutes Annotated (search statutes and probate-related chapters): https://www.gencourt.state.nh.us/rsa/html/

What to expect procedurally

Probate procedures vary by county and by the type of proceeding. Expect the court to require written pleadings and to schedule a hearing. The court may order inventories, bond, or accounting before allowing control of estate assets. Courts prioritize protecting estate assets and creditors. Keep in mind the probate judge has discretion; clear and timely documentation is helpful.

When to hire an attorney

Hire a probate attorney if:

• Large estate assets or contested real property are at stake.
• There are complex title, trust, or will issues.
• You need emergency injunctive relief or face complicated procedural defenses.
• You plan to appeal a probate ruling.

An attorney can draft effective pleadings, gather evidence, advise on deadlines, and represent you at hearings.

Helpful Hints

• Act fast. Probate deadlines can be short—file an objection as soon as possible.
• Keep every original document and make copies of deeds, wills, trust documents, and correspondence.
• Document transfers. If property moved after the decedent’s death, record who moved it, when, and why.
• Check the petitioner’s authority. Ask for letters testamentary, letters of administration, or other proof of appointment.
• Ask the court for an accounting or a full inventory before any transfer of assets.
• Request a hearing in writing—don’t rely on informal phone calls to the clerk.
• Use the state statute and probate court webpages to find forms and local rules: see the New Hampshire RSA site and the Judicial Branch homepage linked above.

Disclaimer: This article explains general principles under New Hampshire probate practice and does not provide legal advice. It is not a substitute for speaking with a licensed attorney about your specific situation. If you need tailored legal advice, consult a New Hampshire probate attorney promptly.