Short answer

If an heir refuses to return estate property while the estate is still open in New Hampshire, start by documenting the items and communications, make a written demand for return, and bring the issue to the attention of the probate court handling the estate. The probate court can order turnover, require an accounting, appoint a special fiduciary, or impose sanctions. If necessary, you may also pursue a civil action (for conversion or replevin) in Superior Court. Consult a New Hampshire probate or civil attorney to evaluate which filings fit your situation.

Detailed answer: step‑by‑step guidance under New Hampshire law

1. Confirm who is the personal representative and whether the estate is formally open

Check the probate court file for the estate to confirm whether a personal representative (executor or administrator) has been appointed and whether the estate administration is active. If the estate is open, the probate court has authority over estate property and estate accounting. You can find general probate court information at the New Hampshire Judicial Branch: https://www.courts.nh.gov/.

2. Document the property and any communications

Make a detailed list of the property taken or withheld (description, serial numbers, photos). Keep copies of any texts, emails, or written notes that show who has possession and when the property was removed. This record will support a probate court filing or a civil claim.

3. Make a formal written demand for return

Send a dated written demand (certified mail recommended) to the heir and to the personal representative asking for immediate return of the property. State that the property is estate property and that you will seek court intervention if it is not returned. Keep proof of delivery.

4. Notify the personal representative (if someone else holds the estate administration)

If the heir holding property is not the personal representative, notify the personal representative in writing and ask them to take action to recover estate property. A personal representative has a duty to marshal and preserve estate assets for distribution.

5. File the appropriate motion with the probate court

If the heir refuses to cooperate, file a motion or petition in the probate court that is handling the estate. Typical probate remedies include:

• Motion to compel turnover of estate property (asking the court to order the heir to return specific items to the estate);
• Motion for an accounting (if the heir claims the property was a gift or an advance, request proof and an accounting);
• Petition to appoint a special administrator or custodian to recover or safeguard estate property if the personal representative is unable or unwilling to act;
• Motion for sanctions, contempt, or costs if the court order is violated.

The New Hampshire probate court has authority over estate administration and can issue orders to recover estate assets. For general statute access and to locate applicable provisions of the New Hampshire Revised Statutes Annotated (RSA), see the RSA index: https://www.gencourt.state.nh.us/rsa/html/indexes/default.html.

6. Consider parallel civil remedies if necessary

If probate remedies are slow or insufficient, you may file a civil action in New Hampshire Superior Court seeking:

• Replevin (recovery of specific personal property);
• Conversion (monetary damages if property cannot be recovered);
• Turnover order as part of a civil claim tied to probate issues.

Talk to a civil litigator about the best forum and cause of action based on the facts.

7. Use law enforcement only after a court order

Do not attempt to forcibly retrieve property yourself. If an heir refuses after a court order, the probate court can direct local law enforcement to enforce its order. Attempting self-help (breaking into a home, threats, or force) can expose you to criminal or civil liability.

8. Preserve evidence and timelines

Keep copies of all filings, correspondence, photos, inventories, and receipts. A clear timeline will strengthen your petition to the court and any subsequent civil action.

9. Get legal help

Probate matters often hinge on small factual differences (was the item a gift, an advance against inheritance, or estate property?). A New Hampshire attorney experienced in probate and estate litigation can review the file and recommend the best procedural steps. You can find probate contact information through the New Hampshire Judicial Branch: https://www.courts.nh.gov/.

Hypothetical example

Example: Sarah is the personal representative for her mother’s probate estate. An heir, Tom, removed his mother’s jewelry from the family home before the inventory was filed and refuses to return the pieces. Sarah documents the jewelry and communications, sends Tom a certified demand for return, and files a motion in the probate court asking for turnover and an accounting. When Tom ignores the order, Sarah requests the court appoint a special administrator to recover and safeguard the jewelry and asks the court to order law enforcement to assist with enforcement of the court’s turnover order.

Helpful hints

• Act quickly. The longer property remains missing, the harder recovery can become.
• Check the probate docket online or at the court to confirm deadlines, inventories, and prior orders before filing.
• Be specific in your petition: identify items, locations, and witnesses when possible.
• Use certified mail for demands so you have proof the heir received the request.
• If the personal representative is the one withholding property, other beneficiaries can petition the court for removal or surcharge.
• Do not use force or threats — always seek court enforcement to avoid criminal exposure.
• Keep communications civil and limited; avoid statements that might complicate litigation.