Disclaimer

This is general information only and not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Alabama attorney or the probate court where the estate is opened.

Detailed Answer — How to respond under Alabama law

If an heir refuses to return property that belongs to an estate while the estate is still open, you have several steps and legal remedies available under Alabama law. The probate court that is administering the estate has primary authority over estate assets while the estate remains open, and the personal representative (executor or administrator) has a legal duty to collect, protect, and distribute estate property according to the will and Alabama probate law.

1. Confirm who legally controls the property

Before taking legal steps, confirm whether the heir actually has a legal right to keep the item. Important documents to check include the decedent’s will, the estate inventory, and any letters of appointment (Letters Testamentary or Letters of Administration) issued by the probate court. The personal representative should have these records. If you need to view statutes or probate procedures, see the Code of Alabama (Wills and Administration of Estates) via the Alabama Legislature website: https://www.legislature.state.al.us/alison/codeofalabama/1975/.

2. Communicate and send a written demand

Start with a clear, documented request. Ask the heir to return the property and explain that it belongs to the estate and must be handled by the personal representative. Send a dated demand letter by certified mail (keep copies and delivery records). A polite but firm written demand preserves evidence and shows you attempted an informal resolution before court action.

3. Notify the personal representative and the probate court

If you are not the personal representative, notify the estate’s personal representative in writing and ask them to demand return. If the personal representative fails to act, you can file motions with the probate court where the estate is open. Probate courts supervise collection and preservation of assets while an estate remains open, and they can order turnover of estate property.

4. Use the probate court’s powers — petitions and hearings

Common probate-court remedies include:

• Petition for an order directing an heir to deliver property to the personal representative (a turnover or delivery petition filed in the probate case).
• Motion to compel accounting if the personal representative has not accounted for estate assets, which may reveal the location or status of the property.
• Petition to remove or replace a personal representative if the personal representative is not performing duties.

Because the probate court has jurisdiction over estate administration, starting in probate often is faster and avoids jurisdictional problems that can arise if you go directly to a different court.

5. Civil remedies (replevin, conversion, injunctions)

If the heir still refuses to return property after probate steps, you may pursue civil actions in the appropriate court:

• Replevin (recovery of specific personal property) — a court can order the return of the property and, if necessary, use law enforcement to effectuate the turnover.
• Conversion or property-damage claims — a money judgment for the value of the property or for damages if the property was destroyed or sold.
• Injunctions — a court order preventing the heir from further disposing of estate property.

In many cases, the probate court can address possession and distribution without switching to a separate civil suit, but either option may be appropriate depending on facts.

6. Criminal options (if theft is suspected)

If an heir knowingly stole or fraudulently converted estate property, criminal remedies may apply. You can report suspected theft to local law enforcement or the district attorney. Criminal charges are separate from civil remedies and have different standards of proof.

7. Enforcement of court orders

When a court orders return of property or awards a judgment, use proper enforcement channels. Do not attempt self-help or forcibly recover property yourself (this can create legal problems). A sheriff or court officer generally executes turnover orders or replevin writs.

8. Evidence and documentation to assemble

Collect and organize documents to support your claim:

• Will, letters of appointment, and estate inventory
• Photos of the property, serial numbers, receipts, appraisals
• Communications (texts, emails, letters) with the heir and personal representative
• Witness statements about who possessed the property and how it left the estate
• Any police reports (if applicable)

9. When to hire a lawyer

Consider hiring an Alabama attorney if:

• The property has substantial value.
• The heir refuses multiple written demands or ignores court orders.
• The matter involves complex title questions, fraud, or potential criminal conduct.
• You need help drafting pleadings, appearing in probate court, or enforcing judgments.

Where to find court forms and rules

General information, probate court locations, and procedural rules are available from Alabama’s official sites. For probate and estate statutes, see the Code of Alabama (Wills and Administration) at the Alabama Legislature: https://www.legislature.state.al.us/alison/codeofalabama/1975/. For court rules and further procedural guidance, consult the Alabama Judicial System: https://judicial.alabama.gov/.

Helpful Hints

• Do not use force or try to repossess property yourself. Use court orders and law enforcement.
• Send a firm written demand (certified mail) and keep proof of delivery.
• Ask the personal representative to file a formal petition in probate court if they have not done so.
• Document chain of possession: who had the item and when. Photographs and serial numbers help prove ownership.
• If the property is at risk of being sold or destroyed, act quickly: request emergency relief (e.g., temporary injunction or expedited turnover) from the probate or civil court.
• Keep all communications professional and factual — they may be evidence in court.
• Consider mediation if family relationships are important and the value is modest; courts often encourage settlement.
• If criminal theft is suspected, file a police report in addition to civil/probate actions.
• Check probate court procedures and deadlines in the county where the estate is filed — local rules vary.