Detailed answer — step-by-step overview

If someone files a probate petition asking the court to grant them possession or control of decedent property (for example, asking the court to turn over personal property, give access to a house, or control bank accounts), interested persons have options to challenge or seek dismissal. Below are the common legal steps, practical tips, and what to expect under Ohio probate practice.

1. Confirm who is entitled to notice and to object

Ohio probate courts require notice to certain parties before the court acts on petitions involving estate property. Typical interested persons include the personal representative (executor/administrator), beneficiaries named in a will, heirs-at-law, creditors with filed claims, and sometimes the surviving spouse. If you are one of these parties, you generally have standing to object.

2. Check deadlines and procedural requirements immediately

Probate courts enforce deadlines and filing rules. If you received a filed petition and a hearing notice, note the hearing date and the deadline to file written objections. If you miss procedural deadlines you may still be able to seek relief, but acting promptly preserves more options (motions for relief from judgment, emergency motions, etc.).

3. Grounds to move to dismiss or to oppose the petition

• Lack of proper notice to required parties.
• Petitioner lacks authority (not the personal representative, not a named executor, or has no statutory right to possession).
• Property does not belong to the estate (already transferred, jointly owned with right of survivorship, or held in trust).
• Pending competing claims or another probate proceeding with priority.
• Procedural defects: petition is incomplete, lacks required attachments, or fails to plead necessary facts.
• Equitable reasons: undue delay, fraud, or breach of fiduciary duty by the petitioner.

4. How to file an objection or a motion to dismiss

Most challenges start with a written filing at the probate court that has the case. Common filings are an Answer/Objection to the petition or a formal Motion to Dismiss. The filing should:

1. Identify the case number and the petition you are opposing.
2. State who you are and your interest in the estate (beneficiary, heir, creditor, spouse).
3. State the legal grounds and facts supporting dismissal or objection.
4. Request specific relief (dismissal, hearing, temporary restraining order, or further discovery).
5. Attach any documents that support your position (deeds, account statements, the will, prior filings).

File the paper with the probate clerk and serve copies on all required parties (petitioner, personal representative, counsel). Check local probate rules for service methods and proof-of-service requirements.

5. Ask for emergency relief when necessary

If the petitioner seeks immediate control that could cause irreparable harm (e.g., removing valuable property, preventing maintenance of a home, or draining accounts), you can ask the court for a temporary restraining order (TRO) or temporary possession order while the objection is decided. Provide evidence showing the imminent risk and why a temporary order is necessary.

6. Use discovery to build your case

Once you have timelyly objected, you can usually seek documents and testimony supporting or refuting the petition. Common discovery requests include inventories, account statements, deeds, communications, appraisal records, and copies of the will or trust documents. Discovery helps show whether the petitioner has authority and whether the property is estate property.

7. Prepare for the hearing

At the contested hearing you will need to present evidence and witnesses. Be ready to show chain-of-title documents, proof of ownership, or proof that the petitioner lacks authority. Courts expect clear, admissible evidence supporting claims for dismissal or denial.

8. Possible outcomes

• Petition denied or dismissed — no turnover or control granted.
• Petition granted partially — limited possession with conditions (bond, inventory, supervision).
• Temporary relief — court issues temporary orders while case continues.
• Sanctions — if a party filed a frivolous petition or obstructive conduct, the court may assess costs or sanctions in some circumstances.
• Appeal — final orders can be appealed under Ohio appellate procedure.

9. Common defenses and themes courts consider

Whether the property is estate property (vs. jointly owned or trust-owned), whether the petitioner is a properly appointed fiduciary, and whether the petitioner complied with notice and procedure are central. Courts also weigh harm to beneficiaries and the need to preserve estate assets.

10. Where the law and rules live (Ohio resources)

Ohio probate practice is governed by Ohio law and local probate rules. For general statutory framework, see the Ohio Revised Code — Title 21 (Decedents, Estates, and Trusts): https://codes.ohio.gov/ohio-revised-code/title-21. For court rules and local procedures, check the Ohio Supreme Court and your county probate court website (local rules and filing requirements vary): https://www.supremecourt.ohio.gov/LegalResources/Rules/.

Helpful hints

• Act quickly. Probate proceedings move on court schedules; prompt filing preserves rights.
• Get the petition and related filings from the court clerk right away. Read everything filed and save proof of service and notice dates.
• Document ownership. Collect deeds, account records, title, and trust documents to show whether the property is estate property.
• Preserve evidence. If property is at risk, photograph it, inventory items, and consider asking the court for a temporary order to secure assets.
• Follow local court rules. Each county probate court may have specific forms, filing fees, and service rules — failure to follow them can delay or jeopardize your challenge.
• Use motions strategically. A narrow, well-supported motion to dismiss is often more persuasive than a broad, unsupported attack.
• Be prepared to mediate. Many probate disputes settle. Mediation or settlement can preserve estate value and avoid costly litigation.
• Consider counsel. When the estate has significant assets or complex title questions, an Ohio probate attorney can handle procedure, discovery, and hearings on your behalf.
• Keep emotions in check. Probate disputes can be personal; courts focus on legal rights and evidence, not family feelings.
• Understand appeals. If you lose, discuss appellate timelines with counsel. Appeals have strict deadlines and standards.

If you want, provide basic facts about your situation (who filed, description of the property, whether a will or appointment exists) and I can outline likely next filings and a sample checklist of documents to gather. For case-specific legal strategy, consult a licensed Ohio probate attorney.