Detailed answer — Overview and step‑by‑step approach

This FAQ explains how an interested person in Virginia can challenge or seek dismissal of a petition asking the probate court for possession and control of estate property. It assumes a typical probate matter where someone (for example, a personal representative, executor, administrator, or an interested person) has filed a petition asking the court to grant possession, control, or use of estate property.

1. Understand who is an “interested person” and what the petition actually requests

Start by identifying whether you are an “interested person” under Virginia probate law (generally heirs, beneficiaries, creditors, or persons with a legal claim). Next, read the petition carefully to see the relief requested — possession, control, sale, or use of estate property; appointment of a personal representative; or interim authority. The petition should state facts and the legal basis for relief.

For background on probate law in Virginia, see the Virginia Code, Title 64.2 (Wills, Trusts, and Fiduciaries): https://law.lis.virginia.gov/vacode/title64.2/.

2. Check service and notice requirements

Probate courts require notice to certain persons. If you were not properly served or given required notice, you can move to dismiss or object for lack of proper notice or defective service. Check the petition’s certification of service and any court file entries showing notice.

3. Determine your deadline to respond

Virginia courts have procedural rules and local court schedules. If the petitioner scheduled a hearing date, file a written objection or response with the clerk and deliver copies to all parties as soon as possible. Even if a strict statutory deadline does not apply, early action preserves rights and helps secure a hearing.

4. File a written objection (answer) and request a hearing

File a concise written objection (sometimes called an answer or exception) with the probate court clerk. In your objection, clearly state the grounds for challenging the petition (examples below). Ask the court for a hearing and for any interim relief you need (for example, a temporary restraining order preventing transfer of property pending resolution).

5. Common legal grounds to challenge or dismiss the petition

• Improper service or lack of notice to interested persons.
• Lack of standing by the petitioner (no legal right to possession or control).
• Failure to state a basis for emergency possession or control (no urgency or emergency shown).
• Petitioner failed to follow statutory probate procedures (bond, inventory, accounting, or appointment rules).
• Conflict of interest, breach of fiduciary duty, or misconduct by the petitioner.
• Petition requests relief outside the court’s authority (jurisdictional or venue defects).
• Inadequate identification of estate property or competing claims by third parties.

6. Ask the court for interim protections

If property is at risk of being removed, sold, or misused, ask the court for temporary relief — for example, an order that the petitioner not move or dispose of property, or that the petitioner post a bond. Courts can issue interim orders to preserve estate assets while claims are litigated.

7. Use discovery and hearings to gather evidence

Once you’ve filed objections, you can seek discovery (documents, sworn statements, accountings) to support your position. Request an accounting from the personal representative if finances or transfers are at issue. At the hearing, present documentary evidence, witness testimony, and legal arguments.

8. Consider specific remedies available in probate

• Dismissal of the petition for failure to state a legal basis or for defective procedure.
• Denial of the requested relief (refuse possession or control).
• Temporary injunctive relief or restraining orders to preserve estate property.
• Order for bond, security, or turnover of property to the court or an alternative custodian.
• Filing a petition to remove the personal representative or to surcharge for misconduct if fiduciary duties were breached.

9. If the case is complex, pursue formal causes of action

In more complex matters you may need to seek a full accounting, bring a petition to remove or surcharge the fiduciary, or pursue civil actions for conversion or breach of fiduciary duty. These remedies are governed by Virginia’s probate and fiduciary statutes; start with Title 64.2 and consult a lawyer.

10. Practical steps to prepare

1. Collect documents: the decedent’s will (if any), letters testamentary or of administration, the petition, notices, deeds, bank statements, and communications from the petitioner.
2. List interested persons and potential witnesses.
3. Keep a timeline of events, transfers, and communications about the property.
4. File written objections early and ask for a hearing.
5. Consider contacting your local circuit court clerk’s office to learn local probate procedures and filing requirements.

For statutes and general rules governing the powers and duties of fiduciaries and probate procedure in Virginia, consult the Virginia Code, Title 64.2: https://law.lis.virginia.gov/vacode/title64.2/. If your matter involves removing a personal representative or seeking an accounting, look through the sections of Title 64.2 that address fiduciary duties and proceedings in probate courts.

Helpful Hints

• Act promptly: preserve evidence and file objections quickly to protect rights.
• Document everything: dates, notices, conversations, and transfers are often decisive.
• Confirm service and notice: if you did not receive required notice, tell the court immediately.
• Ask for hearing and interim orders if assets are at risk.
• Consider negotiation or mediation: many probate disputes resolve faster and cheaper outside court.
• Keep emotions separate from facts: courts focus on legal rights and documented evidence.
• Consult a Virginia probate attorney for complex questions like removal, surcharge, or conversion claims.
• Use the Virginia Code as a starting place: Title 64.2 — Wills, Trusts, and Fiduciaries.
• Check local circuit court probate procedures and clerk’s office requirements before filing documents.
• If you cannot afford a private lawyer, look for legal aid or pro bono options through the Virginia State Bar or local legal services.