The Short Answer

In Florida probate, recovering property a family member is holding usually requires the estate’s personal representative (or another legally authorized person) to bring the issue before the probate court—often through a contested (adversary) proceeding—so the court can determine whether the property belongs to the estate and order its return.

Because these disputes can quickly turn into litigation over ownership, gifts, and credibility, it’s smart to speak with a Florida probate attorney before you file anything.

What Florida Law Says

Florida probate courts have jurisdiction over proceedings relating to the settlement of estates, and probate disputes commonly involve determining what property is part of the estate and who has the right to possess it. When someone refuses to turn over property, the estate may need court involvement to resolve competing claims and compel delivery.

The Statute

The primary law governing probate court jurisdiction is Fla. Stat. § 26.012(2)(b).

This statute establishes that Florida circuit courts have jurisdiction over proceedings relating to the settlement of decedents’ estates and other matters traditionally handled in probate.

Relatedly, Florida probate rules allow interested persons to use discovery tools in probate matters (which can matter when someone is withholding information or property). See, generally, Fla. Prob. R. 5.080 (discovery and subpoena in probate proceedings).

If your issue is actually about unclaimed property held by the State of Florida (not a family member), a different process applies. For smaller estates, Florida law may allow a claim by affidavit in limited circumstances: Fla. Stat. § 717.1243.

For more background on how these disputes are handled in probate, you may find helpful: Can I recover personal property taken from a decedent’s home through probate in Florida? and How Do I Formally Recover Personal Property Through Probate in Florida?.

Why You Should Speak with an Attorney

While Florida law gives the probate court authority over estate administration, applying that authority to a “family member won’t give it back” situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Probate disputes can be affected by creditor deadlines, objection deadlines, and other time-sensitive court requirements. Missing the right window can reduce leverage or limit remedies.
• Burden of Proof: The estate may need evidence the item is estate property (not a lifetime gift, not jointly owned, not exempt, not already distributed). Receipts, photos, texts, witnesses, and inventory records can become critical.
• Exceptions and Defenses: The person holding the property may claim it was gifted, loaned, abandoned, or belongs to them personally—turning a “simple return” request into contested litigation.

Trying to handle this alone can lead to avoidable procedural mistakes, escalation within the family, or a court denying relief because the wrong party filed or the wrong type of proceeding was used.

Get Connected with a Florida Probate Attorney

When a family member refuses to cooperate, the fastest path to resolution is often having counsel evaluate who has legal authority to act (personal representative vs. beneficiary), what evidence proves ownership, and what probate filings are most effective under Florida practice.

We can connect you with a pre-screened probate attorney in Florida to discuss your specific facts and options.

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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.