Detailed Answer

Short answer: Yes — in many situations you can force return of sentimental personal items your sibling has taken during probate. The route you take depends on who legally owns the items, whether they are part of the probate estate, and whether the sibling claims the items were gifts. Common remedies include asking the executor (personal representative) to demand return, asking the probate court to compel turnover, or filing a civil action (for example, replevin or conversion) to recover possession.

How Idaho law treats personal property during probate

When someone dies, their property that is subject to probate becomes part of the decedent’s estate. The court appoints a personal representative (executor or administrator) who has a fiduciary duty to collect estate assets, protect them, and distribute them according to the will or Idaho’s intestacy rules. For an overview of Idaho probate law and the personal representative’s duties, see Idaho Code Title 15 (Probate and Trust Law): Idaho Code Title 15.

Common factual patterns and legal implications

• Item is clearly part of the estate: If an item belonged to the decedent and was not given away before death, it is generally estate property. A beneficiary or creditor cannot lawfully keep it without court approval.
• Item was specifically bequeathed: If the will specifically leaves the sentimental item to someone, the executor must deliver it per the will.
• Sibling claims it was a gift or already belonged to them: If the sibling can show the decedent gifted the item before death (documents, witnesses), the sibling may keep it. If not, the item likely belongs to the estate.
• Item removed after death without authorization: Unapproved removal of estate property can be addressed by the probate court and by civil claims.

Practical steps to force return under Idaho law

1. Confirm ownership and estate status. Ask the personal representative if probate is open and whether the item is listed in the estate inventory. If there is a will, check whether it disposes of the item.
2. Document the item and circumstances. Take photos, note dates, gather witness names, and collect any evidence that shows the item belonged to the decedent (receipts, photographs, insurance records) or that it was removed after death.
3. Send a written demand. Send a polite but firm written demand to the sibling requesting immediate return. Copy the personal representative and keep records of the communication. Often a written demand prompts voluntary return.
4. Ask the personal representative to act. The PR has a duty to preserve estate assets. If the PR declines, you can ask the probate court to compel the PR to act. See Idaho Code Title 15 for the PR’s duties and powers: Idaho Code Title 15.
5. File a motion in probate court. If the probate case is open, you can ask the probate court for an order compelling turnover of estate property or for sanctions against the sibling for interfering with estate administration. The probate judge can order return or other relief tailored to protect the estate.
6. File a civil action if necessary. If probate remedies are slow or unavailable (for example, probate is not open), you can file a civil action to recover possession — commonly called replevin — or sue for conversion (money damages). Replevin seeks the immediate return of the property; conversion seeks monetary compensation for wrongful taking or retention.
7. Consider criminal remedies cautiously. In some cases, unauthorized taking after death may rise to theft. You may report facts to law enforcement, but criminal prosecution is a separate process and can be unpredictable. Focus first on civil/probate remedies to secure the property.

Timing and practical considerations

Act quickly. Evidence (witness recollections, physical condition of items) fades over time. Probate timelines vary: if the estate is large or contested, turnover can take months. Civil claims like replevin can be faster but require filing fees and may involve bond requirements. Keep in mind costs and the emotional toll of litigation between family members.

Possible defenses your sibling might raise

• The decedent gifted the item before death (valid inter vivos gift).
• The item was the sibling’s property prior to the decedent’s death (preexisting ownership).
• The statute of limitations for a civil claim has run (timing depends on the claim).
• The item was distributed by the personal representative or allowed by the probate court.

When to involve an attorney

Consider hiring a probate or civil litigator when:

• The personal representative refuses to act.
• The sibling refuses to return items after written demand.
• The items are high value or uniquely sentimental and recovery is urgent.
• The facts are contested (claims of gift, family disputes).

An attorney can draft demand letters, file motions in probate court, or bring a replevin action and advise on bonding requirements, costs, and likely outcomes.

Where to find Idaho probate forms and basic court information

Idaho Supreme Court and local county courts provide probate forms, filing instructions, and local rules. For general court information and links to local courts, see the Idaho Courts site: Idaho Supreme Court / Judiciary. For statutory background on probate duties and procedures, see Idaho Code Title 15: Idaho Code Title 15 (Probate & Trust).

Hypothetical example (illustrative)

Suppose a sibling removed a lockbox of photographs and jewelry from a decedent’s home two days after death and refuses to return it. The items are not in the will and the executor did not authorize removal. Steps that could follow in Idaho:

1. Document what was taken and when.
2. Send the sibling a written demand for return and copy the executor.
3. Ask the executor to inventory the items and petition the probate court for an order compelling turnover.
4. If the sibling still refuses, the executor or an interested person files a motion in probate court or brings a replevin action in civil court to recover possession.

Key takeaways

• You often can force return of sentimental items taken by a sibling during probate, but the best route depends on whether the item belongs to the estate and whether probate is open.
• Start with documentation, a written demand, and asking the personal representative to act. If those fail, use probate court remedies or file a replevin/conversion claim.
• Act promptly, keep records, and consult a probate or civil attorney when disagreements are contested or the value is significant.

Helpful Hints

• Preserve evidence: photos, timestamps, witness contact info, receipts, and any written statements.
• Make a clear, dated written demand and send it by certified mail so you have proof of delivery.
• Contact the personal representative early — they have duties to protect estate property.
• Consider mediation or an informal family meeting before litigation to reduce cost and preserve relationships.
• If you proceed with replevin, be prepared for bond requirements and court schedules.
• Check whether the estate qualifies as a small estate under Idaho law (which can simplify procedures) via Idaho Code Title 15 resources: Idaho Code Title 15.
• Keep emotions separate from legal steps — a calm, documented approach helps more than accusatory social media posts.
• Ask for an accounting from the personal representative if you suspect other missing property; the court can compel accountings if necessary.

Disclaimer: I am not a lawyer. This information is for educational purposes only and does not constitute legal advice. For advice about your specific situation, contact a licensed Idaho attorney who handles probate and estate disputes.