Detailed Answer

If someone entitled to property from an estate refuses to return estate assets while the estate remains open, the personal representative (sometimes called executor or administrator) and interested parties have several civil remedies under Alaska law. The personal representative generally has authority and a duty to safeguard estate property, to collect assets, and to deliver property to the proper beneficiaries consistent with the probate process. For the general statutory framework for probate and the personal representative’s duties, see Alaska Statutes, Title 13 (Probate, Estates, and Protective Proceedings): AS Title 13.

Below is a practical, ordered plan of action you can follow. The exact steps you take depend on whether you are the personal representative, an heir, or another interested person.

1. Confirm authority and status of the estate. Verify that probate is open and who holds letters of appointment. Only a duly appointed personal representative has the legal authority to demand and collect estate property. You can check the probate file or contact the probate clerk at the court handling the estate (Alaska courts provide probate information and self-help resources: Alaska Courts — Probate).
2. Gather and document evidence. Prepare an inventory showing the item(s) in question, how they belonged to the estate, and who currently has them. Keep copies of wills, inventories, correspondence, and photos. Record dates, communications, and any proof of ownership or value.
3. Make a written demand. If you are the personal representative or acting with the personal representative’s authority, promptly send a written demand to the heir. State the legal basis for the request, identify the property, set a reasonable deadline for return, and explain that you will pursue court remedies if the property is not returned. Keep proof of delivery (certified mail or other trackable method).
4. If the heir refuses or does not respond, file a motion in probate court. As the person empowered by the probate proceeding, the personal representative can ask the probate court for an order compelling turnover of estate property. Typical motions include an order to deliver estate property and, if appropriate, a petition for contempt or sanctions against the refusing heir. The probate court has authority to enforce its orders in the administration of estates (see AS Title 13 referenced above).
5. Consider ancillary civil actions if necessary. If probate remedies are insufficient or the item has been moved out of the court’s immediate reach, the estate or an interested party can pursue civil claims such as replevin (to recover possession), conversion (to recover damages for wrongful taking), or a civil injunction to prevent disposal of property. These actions may proceed in superior court and can be used alongside probate petitions.
6. Seek immediate relief when property is at risk. If the property is in danger of being hidden, sold, destroyed, or moved out of state, the personal representative can ask the court for emergency relief — for example, an order directing turnover, a temporary restraining order (TRO), or a prejudgment attachment. Provide the court strong evidence showing risk of loss or dissipation of assets.
7. Consider criminal referral when appropriate. If the heir intentionally stole or fraudulently took estate property, contact law enforcement to explore criminal theft charges. A criminal investigation is separate from probate or civil actions but may support the estate’s position and recovery. If you suspect criminal conduct, consult both law enforcement and counsel.
8. Keep beneficiaries informed and preserve neutrality. Communicate with other beneficiaries about steps you are taking. If you are the personal representative, act impartially and maintain records; if you are an heir asserting a claim, follow court procedures rather than self-help repossession.

Timelines. Some civil claims have statutes of limitations. In probate contexts, it is best to act quickly: file the appropriate probate motion or civil action as soon as possible to preserve rights and avoid arguments about delay. If the estate administration is prolonged, the personal representative must account for estate assets in periodic or final accountings to the court.

Costs and fees. Courts may award attorney’s fees and costs in some situations (for example, where a party acts in bad faith), but recovery depends on the facts and the court’s authority. A probate court can sometimes order repayment of attorneys’ fees from estate assets if the estate benefits from the action.

When to hire a lawyer. If the heir refuses to cooperate, if the property has significant value, if the heir removed property from Alaska, or if theft or fraud is suspected, consult a probate or civil litigator licensed in Alaska. An attorney can draft precise petitions, file motions, and represent the estate at hearings.

Helpful Hints

• Act quickly but carefully: document everything. Courts rely on written records and sworn testimony.
• If you are the personal representative, rely on your letters of appointment. Don’t use self-help repossession; use the court’s power to avoid claims of theft or civil liability.
• Send a firm, dated written demand and allow a short reasonable deadline (often 7–14 days for tangible items); include a statement that court action will follow if not returned.
• Take photos and obtain independent appraisals for high-value items before they change hands.
• If the heir is local and cooperative, consider mediated resolution first to limit costs and delays.
• Keep beneficiaries updated with copies of inventories and accountings to reduce disputes and claims of concealment.
• If you fear property will be moved out of state, tell the court immediately and request emergency relief or an order preventing removal.
• Check court forms and self-help resources from the Alaska Court System before filing. Court clerks can confirm filing procedures but cannot give legal advice: Alaska Courts — Probate.