Can I Make My Sibling Return Sentimental Items During Probate in Florida? | Florida Probate | FastCounsel
FL Florida

Can I Make My Sibling Return Sentimental Items During Probate in Florida?

Can I force the return of sentimental items from my sibling during probate? - Florida

The Short Answer

Sometimes, yes—but it usually is not as simple as “I want my items back.” In Florida probate, the right to demand return of a decedent’s property typically runs through the personal representative (the court-appointed executor/administrator), who can require delivery of estate property and, if necessary, pursue court relief to recover it.

Why You Should Speak with an Attorney

Even with a clear statute, disputes over sentimental items often become high-conflict quickly, and the “right” approach depends on details that can affect leverage, cost, and outcomes. Legal outcomes often depend on:

  • Authority and Standing: If you are not the personal representative, your ability to “force” return may be limited—often the personal representative must act under Fla. Stat. § 733.607.
  • Burden of Proof: You may need evidence the items are estate property (not a lifetime gift), what items exist, and who currently possesses them—especially when there is no inventory, photos, or documentation.
  • Exceptions and Competing Rights: Some property may be subject to homestead/exempt property concepts, specific devises, or disputes about beneficiary shares that require court interpretation (and sometimes a petition to determine beneficiaries under Fla. Stat. § 733.105).

Trying to handle this alone can backfire—especially if the other side claims the items were gifted, claims you already received your share, or accuses you of harassment or self-help. A Florida probate attorney can evaluate whether the items are estate assets, who has legal authority to demand them, and what court remedies are realistically available.

Related reading: Can I recover personal property taken from a decedent’s home through probate in Florida?

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.