The Short Answer

Usually, no. In Florida, once a personal representative (administrator) is appointed, they generally have the right and duty to take possession or control of the decedent’s probate property, and they can pursue legal action to recover property that was taken or is being withheld.

If a family member removed items before probate is finalized (or refuses to return them after appointment), the estate may have claims to get the property back (or recover its value), but the right approach depends on whether the items are actually probate assets and who currently has them.

What Florida Law Says

Florida’s Probate Code places responsibility on the personal representative to gather, protect, and preserve estate assets until lawful distribution. That includes demanding the return of estate property and, when necessary, filing actions to recover possession or determine title.

If someone takes property that belongs to the estate (not their personal property, and not a non-probate asset), that person does not gain ownership just because they are a relative. The estate can seek return of the property and may also seek financial remedies if property has been sold, destroyed, or cannot be located.

The Statute

The primary law governing this issue is Fla. Stat. § 733.607 (Possession of estate).

This statute establishes that the personal representative has the right to (and must) take possession or control of the decedent’s property (with limited exceptions such as protected homestead), must take reasonable steps to protect and preserve the estate, and may maintain an action to recover possession of property or determine title.

Related authority also confirms that probate assets are generally “in the hands” of the personal representative for administration and distribution. See Fla. Stat. § 733.608.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• What is (and is not) an “estate asset”: Some property passes outside probate (for example, certain beneficiary-designated accounts), and Florida homestead has special rules. A demand for the wrong property can backfire and escalate family conflict.
• Burden of proof and documentation: The estate often needs evidence of what was taken, when, by whom, and why it is probate property (photos, inventories, witnesses, account records, appraisals, etc.).
• Choosing the right remedy: Depending on the facts, recovery may involve probate-court relief, a civil action for possession/value, or both. Mistakes can delay administration and increase costs to the estate.

Trying to handle this alone can lead to avoidable disputes, missed opportunities to preserve evidence, or a court denying relief because the request was procedurally or factually unsupported.

If you want more background reading, these may help: forcing return of estate property while the estate is open and recovering personal property through Florida probate.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.