Detailed answer — step‑by‑step under Georgia law

When an heir refuses to return property that belongs to a decedent’s estate while the estate remains open, Georgia law gives the personal representative (sometimes called the executor or administrator) and other interested parties several civil remedies. The exact remedy depends on whether the item is part of the probate estate, whether the personal representative has issued formal authority (letters testamentary or letters of administration), and whether the heir holds the item in pure refusal (refusal to turn over) or as an asserted entitlement.

1. Confirm who legally controls the property

First, confirm that the item is estate property. Look for wills, beneficiary designations, titles, receipts, and an inventory prepared by the personal representative. If the estate is open, the personal representative has statutory duties and powers to gather and preserve estate assets. For an overview of Georgia probate law and the role of the personal representative, see the Georgia General Assembly’s code resources (search Title related to decedents’ estates) and the Georgia Courts probate information: Georgia General Assembly (Georgia Code) and Georgia Courts — Probate.

2. Make a clear written demand

Have the personal representative send a written demand to the heir describing the item, explaining why it is estate property, and requesting prompt return. Send the letter by certified mail with return receipt and keep copies. A formal demand helps if you later ask the court for relief and may be required before some civil actions.

3. Check the probate file and court paperwork

Review the letters of administration/testamentary issued by the probate court. Those letters typically certify the authority of the personal representative to collect estate property. If the heir is ignoring the court‑appointed representative’s request, file a motion or petition in the probate court that opened the estate to ask for specific relief.

4. Ask the probate court for turnover or enforcement

If the heir still refuses, the next step is to ask the probate court to enforce the estate representative’s authority. Typical probate remedies include ordering turnover of property to the estate, awarding sanctions, and—if appropriate—removing or suspending the personal representative or imposing other court controls. The probate court is the starting forum because it oversees estate administration.

5. Consider a replevin or conversion action

If the probate court route doesn’t immediately recover the property, you can pursue a civil action in superior or state court to recover possession (replevin) or to recover damages for conversion. Replevin is the usual remedy when you want the actual item back; conversion seeks monetary damages for wrongful exercise of control. In many cases, you will file a petition in the probate court first and then a separate civil claim if needed.

6. Emergency relief when assets are at risk

If the heir might hide, sell, or destroy estate items, ask the court for emergency or injunctive relief—such as a temporary restraining order or injunction—requiring the heir not to move or dispose of the property and to turn it over immediately. The court can also authorize law enforcement to assist in returning property once there is a court order.

7. Criminal remedies

In extreme cases—when an heir intentionally steals estate property—criminal charges (theft or conversion) may apply. You can report suspected theft to local law enforcement, but prosecutorial decisions lie with the district attorney. Criminal proceedings are separate from civil probate remedies but can support recovery and deter misconduct.

8. Costs, attorney’s fees, and damages

If you recover the property through court action, the court may order the wrongdoer to pay court costs, attorney’s fees, and possibly additional damages. Keep careful records of the value of the property and any financial loss caused by the refusal to return assets.

9. Practical considerations and timing

Act promptly. Estate administration has deadlines and statutes of limitation for civil claims. The longer an item remains withheld, the harder recovery can become—especially if the item is sold or moved out of state. Preserve evidence: photographs, receipts, communications, witness statements, and proof of ownership or that the property belonged to the decedent.

Useful Georgia resources

• Georgia General Assembly — Georgia Code (search statutes)
• Georgia Courts — Probate resources

Note: Because Georgia statutes and local probate practice determine procedure and deadlines, consult a probate attorney to confirm the specific statutes that govern your situation and to file the correct petitions and motions in the correct court.

Helpful hints — what to do right now

• Do not attempt self‑help repossession (force or break in). That can create criminal or civil exposure.
• Gather proof that the item belonged to the decedent (titles, bills, photos, receipts, witness statements).
• Ask the personal representative for a copy of their letters; those authorize collection of estate assets.
• Send a written demand by certified mail, return receipt requested, and keep a copy.
• File a petition with the probate court that is administering the estate requesting turnover or enforcement if the heir refuses to cooperate.
• If the property is at risk of removal or destruction, ask the court for emergency relief (temporary restraining order or injunction).
• Consider a civil action (replevin or conversion) if probate remedies do not quickly recover the property.
• Document every contact and action (emails, texts, calls, notes, certified mail receipts).
• Consult a Georgia probate attorney quickly—many remedies have time limits and local practice variations.

Where to get help: Contact the clerk of the probate court that opened the estate for local filing rules and access to the estate file. For legal strategy and pleading preparation, consult an attorney experienced in Georgia probate and civil recovery actions.

Disclaimer: This article explains general Georgia legal principles for educational purposes only. It is not legal advice and does not create an attorney‑client relationship. For advice specific to your case, consult a licensed Georgia attorney.