How to respond when someone asks the probate court for possession and control of estate property

Disclaimer: This is general information only and is not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed North Dakota attorney.

Detailed Answer — what you need to know and the steps to take

When a person files a petition in probate asking the court for possession and control of property that belongs to a decedent’s estate (for example, asking the personal representative to turn over property or asking the court to grant possession to a specific person), you have options to oppose that petition. The basic approach is to (1) review the petition and supporting papers closely, (2) determine whether you have legal standing to challenge the petition, (3) identify the legal grounds for opposition, and (4) file a written response or motion with the probate court and ask for a hearing.

Step-by-step

1. Read the petition and any notice or summons immediately.

   Look at who filed it, what relief they ask for (possession, exclusive control, authority to manage, sale of property, etc.), the property description, and any dates for hearings or deadlines for responding. Missing a stated deadline can limit your options, so act fast.

2. Confirm your status and standing.

   People who commonly can challenge a probate petition include: a named beneficiary, an heir-at-law, a creditor with an interest in specific property, an appointed personal representative or successor, or anyone claiming ownership of the property at issue. If you are unsure whether you have standing, ask an attorney or the court clerk.

3. Check whether service was proper and whether the court has jurisdiction.

   Improper service (no notice to interested persons) or lack of jurisdiction over the person or property can be grounds to dismiss or continue a petition. If you were not served in the manner required by the court rules, that is a strong procedural objection to raise promptly.

4. Identify legal grounds to oppose the petition.

   Common grounds include:

   • The petitioner lacks authority — they are not the personal representative and have no statutory right to possession.
   • The petition misidentifies ownership — the property is not estate property (it may belong to a surviving joint owner, a transferee, or trust).
   • Fraud, undue influence or forgery affecting the basis for the petition.
   • Improper notice or failure to follow probate procedures.
   • The requested relief conflicts with a will, prior court order, or statute.
5. File a written response or objection with the probate court.

   Most probate courts require a written answer or objection to be filed and served on the petitioner and other interested persons. In your filing you should:

   • State whether you admit or deny each factual allegation.
   • State any affirmative defenses (for example, lack of standing, improper service, ownership by a third party, or statute-based defenses).
   • Attach supporting documents you have (deeds, account statements, affidavits, correspondence).
   • Request a hearing and any specific relief (dismissal, transfer of property back to you, an order requiring a bond, an accounting from the personal representative, injunctive relief).

   Follow the court’s format and local rules for probate filings (probate rules and local court rules can specify required forms, captioning and service methods).

6. Ask the court for emergency relief if necessary.

   If the petition would allow immediate removal or disposition of property that would cause irreparable harm (sale of a house, transfer of funds, or destruction of assets), you can ask for a temporary restraining order or preliminary injunction to preserve the status quo until the court resolves the dispute.

7. Use discovery and evidence to build your case.

   After you file an objection you may be entitled to discovery (document requests, depositions, interrogatories) to obtain proof. Gather deeds, title searches, bank records, communications, witness affidavits, and any evidence that shows ownership or problems with the petitioner’s claims.

8. Consider alternatives: settlement, mediation, or removal of personal representative.

   Often disputes over possession of estate property can be resolved by negotiation, including supervised turnover agreements, bond or escrow arrangements, or mediated settlement. If the personal representative is acting improperly, you can move to remove them under North Dakota probate rules and request appointment of a successor.

9. If you miss the deadline, seek relief to set aside default.

   If the court enters a default or grants the petition because you did not respond in time, do not assume you have no options. You can file a motion to vacate or set aside the default for excusable neglect, lack of notice, or other good cause and ask for a hearing.

Relevant North Dakota statutes and resources

• North Dakota Century Code — Probate (Title 30). For statutes governing probate procedure, personal representatives, and estate administration see the Title 30 index: https://www.legis.nd.gov/cencode/t30.
• North Dakota Courts — probate self-help and procedural information: https://www.ndcourts.gov/legal-resources/self-help/probate.

Possible outcomes

• The court dismisses or denies the petition and preserves the property as previously held.
• The court grants the petition but limits or conditions possession (for example, requires bond, inventory, or accounting by the party who gets possession).
• The court orders turnover to a different person (personal representative, beneficiary, or owner) after adjudicating ownership or rights.
• The parties settle by agreement (turnover with conditions, escrow, or sale with proceeds distributed under court order).

When you should get a North Dakota attorney

Consider hiring a lawyer if any of the following apply:

• The property threatened is valuable (real estate, large bank accounts, business interests).
• The facts are contested (competing ownership claims, alleged fraud, or disputes about the will).
• The other side has already obtained an order or is moving to quickly remove or transfer assets.
• Complex legal questions are present (title disputes, trust issues, or claims by multiple creditors/beneficiaries).

Helpful Hints

• Act quickly. Probate matters move fast and deadlines can be short—read any notice or summons immediately.
• Keep copies of everything you file and receive. Date-stamped court filings and certified mail receipts help if you need to ask the court to set aside a default.
• Collect documentary evidence of ownership now: deeds, titles, account statements, contracts, transfer records, and correspondence.
• Preserve evidence and avoid converting or hiding estate assets. Courts disfavor parties who try to conceal property.
• If possible, ask for a temporary restraining order or other emergency relief if the opposing party is about to remove or dispose of assets.
• Use the North Dakota court self-help pages for forms and filing instructions, and contact the clerk for procedural questions (not legal advice).
• When in doubt about deadlines, file a short written objection asking for more time and a hearing—this preserves your right to be heard while you prepare a fuller response.

If you need help understanding the petition or preparing a response, talk to a North Dakota probate attorney promptly. A lawyer can check the petition for jurisdictional defects, improper service, or other procedural problems, draft the proper objections, and represent you at hearings.