Detailed Answer — How to get estate property back when an heir refuses to return it (Missouri)

Short answer: If the estate is still open, the personal representative (executor or administrator) should first ask the heir to return the property in writing, preserve evidence, and then ask the probate court to compel turnover if the heir refuses. If needed, the representative can also pursue civil claims (conversion) or refer the matter for criminal investigation. Missouri probate courts have authority over estate property while the estate remains open.

Why the probate court controls estate property

When someone dies, property owned by the decedent becomes part of the estate. While the estate is open and under court administration, the probate court supervises collection and distribution of that property. A person who receives property from the estate without authority or who keeps estate property after administration begins may be required by the probate court to return it.

For an overview of Missouri probate law and the court’s jurisdiction, see the Missouri Revised Statutes governing probate and administration: RSMo Chapter 474 (Administration of Estates) and related probate statutes at RSMo Chapter 473 (Wills and Probate).

Step-by-step actions to take (practical checklist)

1. Identify who has the property and what exactly is missing. Make a clear inventory. Note serial numbers, photos, appraisals, descriptions and where and when the property was last seen.
2. Confirm authority. Verify whether the heir had a lawful gift, a valid written distribution, or court permission. If no authority exists, the item is estate property.
3. Make a written demand for return. Send a demand letter from the personal representative (or the decedent’s attorney) by certified mail, return receipt requested. Say exactly what must be returned, give a reasonable deadline (e.g., 7–14 days), and state that you will ask the probate court to order turnover if they do not comply.
4. Preserve evidence. Keep copies of the demand letter, communications, photographs, witness names, and any receipts or appraisals. Do not try to retrieve the property yourself if doing so would cause a confrontation or risk illegal conduct.
5. File a petition in probate court if they refuse. Ask the probate court for an order compelling delivery of the property. Typical requests include a turnover order or an order directing the heir to appear and explain their possession. The probate court has the power to resolve disputes about estate property while the estate is open. See RSMo Chapter 474: https://revisor.mo.gov/main/OneChapter.aspx?chapter=474.
6. Consider contempt, sequestration, or conversion claims. If the heir intentionally keeps estate property after a court order, the court can hold them in contempt. In addition, the personal representative can bring a civil action for conversion (a civil claim to recover property or its value).
7. Consider criminal referral for theft. If the heir knowingly took estate property without right, you may refer the matter to local law enforcement or the prosecutor. Missouri’s statutes define theft and related offenses; criminal remedies can be pursued in parallel when appropriate. See Missouri criminal statutes for property offenses: RSMo Chapter 570 (Offenses Against Property).
8. Protect distributions and final accounting. If the property is valuable or the heir’s refusal affects distributions, notify the court in the estate accounting and ask the court to withhold distributions until the dispute is resolved. The probate court can adjust distributions to remedy wrongful retention.

What the probate petition should request

A petition to the probate court should:

• Identify the estate and the court case number;
• Describe the property and why it is estate property (include inventory entries, wills, or documents if relevant);
• Name the heir who has the property and outline the attempts made to recover it;
• Ask the court to order turnover/delivery of the property to the personal representative, or alternatively to order the heir to pay the fair market value; and
• Ask for any necessary relief such as attorney fees (if supported by law or the court) or sanctions for contempt if an order is ignored.

Evidence you should gather

• Inventory, appraisal, or probate schedules listing the missing items;
• Photos of the property and any unique identifying marks;
• Communications showing the heir’s possession (texts, emails, witness statements);
• Copies of the demand letter and proof of delivery; and
• Any documents the heir claims give them a right to the property (gifts, bills of sale, receipts).

Timing and practical considerations

Act quickly. Estate property can be moved, altered, or sold. Prompt written demands and a timely court petition protect the estate and strengthen your position. Do not take self-help measures such as entering property without permission or using force; that can create legal and criminal risks.

When to involve a lawyer

If the heir refuses to return property after a written demand, or if the property is valuable, or if the case involves complex questions (claims of inter vivos gift, competing beneficiaries, or suspicious transfers), consult a probate attorney. An attorney can prepare the petition, represent the estate at hearing(s), and coordinate any necessary civil or criminal referrals.

Related Missouri statutes and resources

Useful Missouri statutes and state resources include:

• Missouri Revised Statutes, Chapter 474 (Administration of Estates): https://revisor.mo.gov/main/OneChapter.aspx?chapter=474
• Missouri Revised Statutes, Chapter 473 (Wills and Probate matters): https://revisor.mo.gov/main/OneChapter.aspx?chapter=473
• Missouri criminal statutes on offenses against property (theft, etc.): https://revisor.mo.gov/main/OneChapter.aspx?chapter=570

Helpful Hints

• Keep everything written. Paper trails and timestamps matter in court.
• Send one clear demand letter from the personal representative, not multiple informal requests.
• Do not try to seize or repossess property yourself. Let the court or law enforcement act.
• If the heir claims the item was a gift, ask for proof of the gift (signed document, witnesses) and preserve any contradictory evidence.
• File inventory updates with the probate court so the record shows the property is missing.
• If the heir is an executor or co-personal representative, the court can remove or discipline them if they mishandle estate property.
• Document value: if you later sue for conversion, you will need proof of fair market value at the time of conversion.

Final notes

The probate court’s goal is to protect estate assets and ensure they end up where the law directs. If an heir refuses to return property while the estate is open, the appropriate and safest route is to use written demands and the probate process to seek an order forcing turnover, with civil or criminal remedies as backup.

Disclaimer: This information is educational only and does not constitute legal advice. It is not a substitute for consulting a licensed attorney about your specific situation.