The Short Answer

Potentially, yes—but in Pennsylvania probate, the person with the strongest legal authority to demand and recover estate property is usually the court-appointed personal representative (executor/administrator), not an individual heir acting alone. If your sibling is holding items that belong to the estate, the personal representative generally has the right to take possession of them and can pursue court action if necessary.

What Pennsylvania Law Says

During probate, most property a person owned at death becomes part of the estate and is supposed to be gathered, safeguarded, and ultimately distributed according to the will (or Pennsylvania intestacy law if there is no will). When a family member keeps items—especially sentimental items—disputes often arise over whether the items are estate property, whether they were gifted before death, and who has the authority to demand their return.

The Statute

The primary law governing possession and control of estate property during administration is 20 Pa.C.S. § 3311.

This statute establishes that the personal representative has the right to and shall take possession of the decedent’s real and personal estate (with a limited exception for certain occupied real estate), and may maintain actions relating to estate assets during administration.

Why You Should Speak with an Attorney

Even though the rule sounds straightforward, forcing the return of “sentimental items” is rarely simple in practice. Legal outcomes often depend on:

• Authority and standing: If you are not the appointed executor/administrator, your ability to “force” a return may be limited—often the personal representative must act (or be compelled to act) under the Orphans’ Court’s supervision.
• Burden of proof: Your sibling may claim the items were a lifetime gift, jointly owned, or not part of the estate. Proving what the decedent owned at death (and what was gifted earlier) can be evidence-heavy.
• Risk of estate harm: Self-help (e.g., taking items back without clear authority) can escalate into allegations of theft, conversion, or fiduciary misconduct—especially if you are the executor or seeking appointment.

If this dispute is affecting probate administration, an attorney can help you evaluate whether the property is legally part of the estate, how to document ownership, and what court relief is appropriate without jeopardizing your inheritance or the estate’s administration.

For more background on this issue, you may also find helpful: using Pennsylvania probate court to force return of a deceased person’s personal property and whether a family member can take estate property before probate is finished.

Get Connected with a Pennsylvania Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.

Find a Pennsylvania Attorney Now

Disclaimer: This article provides general information under Pennsylvania 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.