The Short Answer

In Florida, the person with clear legal authority to take control of most estate property is the court-appointed personal representative (administrator). Until you are appointed, your ability to “lock down” the home is limited—but the probate court can step in, and once appointed you can demand return of property and take reasonable steps to protect and preserve estate assets.

What Florida Law Says

Florida probate law places the responsibility for protecting estate property on the personal representative after appointment. That includes taking possession or control of the decedent’s property (with important exceptions, such as protected homestead) and taking reasonable steps to safeguard and preserve assets pending distribution. Florida law also requires the personal representative to prepare and file a verified inventory of estate property.

The Statute

The primary law governing control and protection of estate property is Fla. Stat. § 733.607.

This statute establishes that the personal representative has the right to (and must) take possession or control of the decedent’s property (except protected homestead) and must take reasonably necessary steps to manage, protect, and preserve the estate, including bringing an action to recover possession of property.

For the inventory requirement, see Fla. Stat. § 733.604, which requires a verified inventory listing estate property with reasonable detail and estimated date-of-death values.

Why You Should Speak with an Attorney

Even though the general rule is straightforward, the “before appointment” window is where families most often end up in expensive disputes. Legal outcomes often depend on:

• Strict Authority Issues: Before letters of administration are issued, you may not have clear legal standing to exclude others from a residence or demand property back—especially if someone claims they are “entitled” to certain items.
• Burden of Proof: If property disappears, you may later need to prove what was taken, when, and by whom to recover it or surcharge a beneficiary—this is where documentation, witnesses, and valuation become critical.
• Exceptions (Homestead and Ownership Disputes): Florida’s protected homestead rules and title/ownership questions can limit what the estate controls and can change who has immediate rights to occupy or possess certain property.

Because Fla. Stat. § 733.607 gives the personal representative powerful tools (including the ability to seek recovery of estate property), the timing and the way you approach family members matters. A probate attorney can move quickly to seek court authority when needed, reduce the risk of escalation, and position you to enforce return of items after appointment.

If you want more background reading, these may help: Can a family member take estate property before probate is finished in Florida? and Can I make heirs return items they removed from an estate home before I took possession in Florida?.

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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.