Detailed Answer
Short answer: If an heir refuses to return property that belongs to an estate while probate is still open in Florida, the personal representative (or an interested party) can ask the probate court to order turnover of the property. The probate court has authority to compel delivery of estate assets, and there are also civil remedies (such as a replevin or conversion claim) if the probate court route is not available or effective. Always document what was taken, notify the personal representative in writing, and preserve evidence.
Why this matters under Florida law
When someone dies, property that belongs to the decedent becomes estate property for purposes of probate administration (unless it passes outside probate). The personal representative (formerly called executor or administrator) has a legal duty to collect, protect, and distribute estate property according to the will or Florida intestacy law and under court supervision. If an heir takes or keeps estate property without authorization, that interferes with the personal representative’s duties and the interests of other beneficiaries.
Primary legal references
- Florida Probate Code (general authority and procedures for administration): Fla. Stat. Ch. 733.
- Wills and related provisions: Fla. Stat. Ch. 732.
- If trusts are involved, see the Florida Trust Code: Fla. Stat. Ch. 736.
Typical steps to take (practical workflow)
- Confirm ownership and status of the estate
Make sure the item is actually estate property (not jointly-owned property, payable-on-death accounts, property held in trust, or property the heir legitimately inherited). Ask the personal representative for a copy of the petition for administration, letters of administration, and the estate inventory if one has been filed.
- Communicate in writing
Send a written demand to the heir asking for immediate return of specific items. Keep a copy of the demand and any responses. If you are the personal representative, make clear that the property belongs to the estate and must be returned so the estate can be administered properly.
- Ask the personal representative to act
The personal representative has the duty to collect and safeguard estate assets. If you are a beneficiary, ask the PR to file a motion with the probate court to compel delivery or to seek other relief. If you are the PR, you can file the necessary petition.
- File a petition in probate court for turnover or an order compelling delivery
The probate court supervises estate administration and can order the return of estate property. Typical probate relief includes an order directing the heir to deliver the property to the personal representative, and, if necessary, contempt sanctions or appointment of law enforcement to assist. Work with a probate attorney or the clerk for the correct local procedure and forms.
- Consider civil remedies if appropriate
If the personal representative fails or delays filing in probate, the estate (through the PR) may pursue civil actions such as replevin (recovery of specific personal property) or an action for conversion (monetary recovery) in circuit civil court. These remedies can be used in addition to probate petitions.
- Preserve evidence and avoid self-help
Take photos, make an inventory, obtain witness statements, and preserve text/email messages. Do not use force or threats to retrieve items; doing so can create criminal liability or civil claims against you. Let the court or law enforcement carry out recovery if ordered.
- Explore attorney’s fees and sanctions
In some probate contests and court-ordered remedies, the court may award attorneys’ fees or other sanctions against a party who wrongfully withholds estate property. Discuss fee exposure and potential fee-shifting with a probate attorney.
Hypothetical example
Imagine a decedent owned a coin collection found in their home. Probate is open and the personal representative is appointed. An adult child removed several high-value coins and says they are “keeping” them. The PR sends a written demand and the child refuses. The PR files a petition in the probate court asking for an order requiring the child to turn the coins over to the estate. The court can order delivery; if the child ignores the order, the court can impose contempt sanctions or direct the sheriff to seize the coins and return them to the estate. If the PR delays, the PR or beneficiaries could also bring a civil replevin action to recover the coins.
Timing and costs
How long this takes depends on court schedules and whether the heir cooperates. Probate petitions to compel turnover are often faster than a full civil replevin trial, but both involve court filing fees and, usually, attorney’s fees. Weigh the value of the property against the anticipated costs. For inexpensive items, informal negotiation may be better; for high-value items, immediate court action is often appropriate.
When criminal charges might be relevant
If the heir knowingly stole property after the decedent’s death, law enforcement may pursue theft or related charges. Criminal remedies are separate from probate and civil actions and do not by themselves return property to the estate; the estate still generally must pursue civil or probate remedies to recover items. Consult local law enforcement if you believe a crime has occurred and coordinate with the personal representative and an attorney.
When to get a lawyer
Consider hiring a probate attorney when:
- The property is high-value or irreplaceable.
- The heir refuses repeated lawful demands.
- There is a risk of evidence being destroyed or transferred out of state.
- You need to file petitions or contested motions in probate court.
Helpful Hints
- Document everything: dates, descriptions of items, communications, photos, and any witness names.
- If you are the personal representative, get and keep copies of letters of administration (proof of authority) and a court-stamped inventory when available.
- Start with a written demand—courts expect parties to attempt resolution before litigation.
- Do not use force or try to retrieve items yourself—let the court or law enforcement carry out recovery to avoid liability.
- Ask the court for injunctive or turnover relief if items are at risk of being hidden, sold, or damaged.
- Keep beneficiaries informed; they have an interest in swift recovery of estate assets.
- Check whether property passed outside probate (joint tenancy, POD, or trust). If so, probate remedies may not apply.
- Consult a Florida probate attorney early for advice tailored to your county’s procedures and local judges’ practices.
Disclaimer: This article is informational only and is not legal advice. The law varies by situation and changes over time. For advice about a specific matter in Florida, consult a licensed Florida attorney who can consider the full facts and applicable law.