The Short Answer

In Pennsylvania, disputes over a decedent’s personal property (like jewelry, collectibles, documents, or other items a family member is holding) are often handled in the Orphans’ Court Division as part of the estate administration. Typically, the personal representative (executor/administrator) asks the Orphans’ Court to compel information, cooperation, and—when appropriate—the return of estate property through petition practice and court-issued process.

What Pennsylvania Law Says

When estate property is missing or being withheld, the Orphans’ Court has broad authority over the administration and distribution of a decedent’s personal property, and it can require a respondent to answer under oath and participate in the case. Practically, these matters are commonly raised by a petition filed in the Orphans’ Court Division, with the court issuing a citation (formal court process) to bring the non-cooperative person under the court’s authority.

If the dispute involves identifying, locating, or proving what property exists and who has it, the court can also allow discovery tools (like document requests) in Orphans’ Court matters.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 764.

This statute establishes that the Orphans’ Court obtains jurisdiction over a person through a court-issued citation, which directs the respondent to file a complete answer under oath by a specified deadline (not less than 10 days after service) and to show cause as the court’s decree provides.

Related authority often used in these disputes includes Orphans’ Court petition requirements under 20 Pa.C.S. § 761 (applications by verified petition) and the court’s ability to manage discovery under 20 Pa.C.S. § 774.

For a deeper discussion of recovery issues in estate disputes, you may also find helpful: How Do I Formally Recover Personal Property Through Probate in Pennsylvania? and Can I get back estate personal property that heirs removed and enforce an Orphans’ Court order in Pennsylvania?.

Why You Should Speak with an Attorney

While the statutes provide the framework, applying them to a family dispute over personal property is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Orphans’ Court practice can move quickly once a citation is issued—under 20 Pa.C.S. § 764, the response date must be at least 10 days after service, and missing deadlines can seriously affect your leverage and credibility with the court.
• Burden of Proof: The estate typically needs persuasive evidence that the items are estate property (not gifts, joint property, or the other person’s separate property) and evidence of possession/control—often requiring documents, witnesses, photos, inventories, or communications.
• Exceptions and Risk Factors: These cases can overlap with title disputes, alleged lifetime gifts, claims of loans/bailments, or accusations of misconduct. The wrong filing, the wrong court division, or an overbroad request can delay the estate and increase costs.

An attorney can evaluate whether the estate has standing (and who should file), frame the petition correctly, pursue appropriate discovery, and request enforceable relief that actually results in the return of property—without creating unnecessary exposure for the executor/administrator.

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.