Detailed Answer

Short answer: If an heir refuses to return estate property while the estate remains open in Tennessee, stop any self-help, document everything, and ask the probate court to order turnover or to enforce the personal representative’s rights. The probate court can order return of property, hold the refusing heir in contempt, and/or authorize other remedies (civil actions such as replevin or conversion) to recover estate assets.

Who has the legal authority while the estate is open?

When an estate is open, the personal representative (executor or administrator) has the legal duty and exclusive authority to collect estate assets, preserve them, value them, and distribute them according to the will or law. Beneficiaries and heirs do not have a right to take or keep estate property for themselves before the personal representative properly inventories and distributes assets.

Immediate steps to take

1. Document the situation: Make a written record of what property is missing or being withheld, who has it, when it was taken or last seen, and any communications about the property. Keep photos, texts, emails, and witness statements.
2. Send a written demand: As personal representative (or with the help of the personal representative), send a formal written demand by certified mail or other trackable method requesting immediate return of the property. State that the request is pursuant to your authority as personal representative and that you will seek court enforcement if the property is not returned.
3. Preserve the estate’s inventory and accounting: List the missing items in the estate inventory and keep copies of appraisal reports, receipts, and any documentation showing the property belongs to the estate.
4. Avoid self-help seizure: Do not forcibly take property back or enter locked premises without court authorization. Tennessee law disfavors self-help that could lead to a civil or criminal claim.

File the right court papers in Tennessee probate court

If the heir refuses to comply after a demand, the next step is to ask the probate court for relief. Typical filings include:

• Petition for turnover or delivery of estate property: Ask the probate court to order the person to return the property to the personal representative.
• Motion for contempt or sanctions: If the court has previously ordered delivery and the heir ignores it, the court can be asked to hold the heir in contempt, impose sanctions, and order return.
• Removal of the personal representative (if the executor/custodian is the problem): If the person withholding property is the personal representative and is mismanaging estate property, beneficiaries can petition to remove the personal representative for breach of fiduciary duty.
• Civil remedies: In many cases you can also seek replevin (recovery of specific personal property), conversion (monetary damages), or injunctive relief in the appropriate court if probate remedies are insufficient.

Where to file and what law applies

File the petition in the probate court that is handling the estate. Tennessee’s probate and administration statutes and procedures are contained in Title 30 of the Tennessee Code; procedural and court information is also available from the Tennessee court system. For an overview of the probate statutes, see the Tennessee Code Title 30 (Probate and Administration of Estates): https://www.capitol.tn.gov/legislation/title-30.html. For probate self-help materials and local probate procedures, see the Tennessee Courts self-help resources: https://www.tncourts.gov/programs/self-help-center/probate.

Possible remedies the court may grant

• An order directing immediate delivery or turnover of the specific property to the personal representative.
• An injunction preventing the heir from selling, transferring, or harming estate property.
• Monetary damages if the property cannot be recovered or was sold — claims for conversion or unjust enrichment.
• Contempt findings, fines, or attorney fee awards against the refusing heir for disobeying court orders or acting in bad faith.
• Removal of the personal representative or a surcharge against a fiduciary who misappropriated assets.

Evidence you should gather

To persuade the court, collect:

• Estate inventory and appraisal documents showing the property belongs to the estate.
• Correspondence (letters, texts, emails) with the refusing heir.
• Photographs, receipts, title documents, or other proof of ownership.
• Witness statements about where and when the property was taken or seen.
• Any prior court orders or probate filings related to the property.

Timing and costs

Act promptly. Delays can increase risk that property is damaged, sold, or difficult to locate. Pursuing court remedies can take weeks to months and may involve attorney fees and court costs. In some cases, the court may award attorneys’ fees against a party who acted in bad faith, but that is fact-specific.

When to get a lawyer

Consider hiring a probate attorney if:

• The property is high-value or unique (vehicles, real property items, collectibles, cash).
• The refusing heir asserts a legal claim to the property or there is a dispute about ownership.
• There is a pattern of obstruction, suspected fraud, or fiduciary misconduct.
• You need to file motions, serve pleadings, or ask the court for emergency relief.

What if the heir lives outside Tennessee?

The Tennessee probate court can still order turnover of estate property located in Tennessee. If the heir and property are located in another state, cross-jurisdictional issues can arise; you may need to enforce a Tennessee order in the other state or bring an action where the property is located.

Important: This article explains common options under Tennessee probate practice and is intended to educate. It is not legal advice. For advice about your specific situation, consult a licensed Tennessee attorney familiar with probate and estate litigation.

Helpful Hints

• Do not try to forcibly recover property yourself; ask the court for an order instead.
• Send a certified written demand and keep proof of delivery.
• List disputed items on the estate inventory so the record shows the assets are part of the estate.
• Keep copies of all communications, photos, appraisals, and witness statements.
• If the person withholding property is the personal representative, beneficiaries can petition for removal for breach of fiduciary duty.
• Ask the court for expedited or temporary relief if assets are at risk of being destroyed or transferred.
• Consider mediation early if parties are willing — it can save time and cost compared with litigation.
• Check local probate court rules—procedures and forms vary by county.