Detailed Answer

Short answer: If an heir is refusing to return estate property while the estate remains open, your best course is to work through the estate’s personal representative (executor/administrator) and the probate court. If the personal representative won’t act, beneficiaries can ask the probate court for immediate relief — including orders that require return of the property, damages, or removal of the personal representative. You should preserve evidence and avoid taking the property back by force.

Why the probate court usually controls the situation

While an estate is open the probate court has exclusive jurisdiction over estate administration. That means property that belongs to the estate should be handled through the representative and the court, not by individual beneficiaries taking matters into their own hands. The court can issue orders requiring an heir to return estate property, sanction people who fail to obey court orders, and provide other remedies.

Practical steps to take right away

1. Notify the personal representative in writing. If you are a beneficiary, ask the representative to demand return of the property from the heir. Send a clear written demand (keep a copy) describing the item, where it is, why it belongs to the estate, and asking for a deadline for return.
2. Document everything. Note dates, conversations, photos, serial numbers, receipts, witness names, texts/emails, and any written refusals. This evidence strengthens any court filing or civil claim later.
3. Do not use self-help to recover property. Avoid confronting the heir, entering private property, or forcibly taking items back. Self-help can create criminal or civil problems for you (trespass, assault, theft). Let the court handle enforcement.
4. If the representative refuses or delays, file with the probate court. A beneficiary (or a co-beneficiary) can ask the probate court to: order turnover of estate property, compel an accounting, remove or replace the personal representative for misconduct or failure to act, or issue other relief. The court has the power to enforce its orders.
5. Consider civil remedies if necessary. If probate remedies are slow or incomplete, the estate (through the personal representative) or an injured beneficiary may pursue civil claims such as conversion (wrongful possession of property), replevin (recovery of specific property), or other contract/tort claims against the refusing heir. The estate’s representative normally brings these suits on behalf of the estate.
6. Criminal options in serious cases. If the heir intentionally stole estate property (for example, removed it after knowing it belonged to the estate), you may report the conduct to law enforcement. Criminal theft charges are for the state to prosecute; the existence of a pending probate matter does not automatically block a theft investigation.

Who should bring which action?

– The personal representative (executor/administrator) has the primary duty to recover and protect estate property. If the personal representative is active and competent, they should file probate motions (turnover, contempt, etc.) or civil suits in the estate’s name.

– If the personal representative refuses or fails to act, a beneficiary can ask the probate court to compel action or to remove and replace the representative. In many counties beneficiaries may file a petition in the probate court asking for a specific order.

What orders and remedies can the probate court grant?

• Order the heir to return specific estate property (turnover or replevin-style relief).
• Require an accounting for profits or damages for wrongful possession.
• Find the heir in contempt for ignoring court orders (which can lead to fines or jail in extreme cases).
• Remove or surcharge a personal representative who fails to protect estate assets.

Practical timeline and expectations

Probate court procedures take time: initial letters and demands may prompt voluntary return; if not, a court filing and hearing are often required. Expect days to weeks for a demand response and weeks to months for court resolution depending on the local docket, the complexity of the dispute, and whether emergency relief (a temporary order) is necessary.

Where to find the governing rules and statutes

Texas statutes and the probate code set out duties of personal representatives and the court’s powers to administer estates. You can review Texas statutory resources at the official Texas statutes website: https://statutes.capitol.texas.gov/. For practical probate court information in Texas, see the Texas Judicial Branch probate resources: https://www.txcourts.gov/.

Important: Different counties have different local probate rules and forms. If the estate case is in a county probate court, check that court’s website or clerk for local procedures.

When to hire a Texas probate attorney

If the heir refuses to return property after a written demand, or if the personal representative will not act, contact a Texas probate attorney. An attorney can:

• Draft a proper demand letter;
• File and prosecute probate motions or suits to recover property;
• Advise whether a civil conversion/replevin action or criminal referral is appropriate;
• Help preserve evidence and avoid actions that could harm your position.

Helpful Hints

• Preserve evidence now: photos, receipts, serial numbers, texts, and witnesses’ contact information.
• Send all formal demands by certified mail or email with read receipts so you have proof the heir received the demand.
• Always communicate through the personal representative if one exists; beneficiaries acting alone can complicate administration.
• Avoid taking property back yourself — no self-help repossession; let the court issue relief.
• If you suspect theft or intentional hiding of assets, contact law enforcement, but coordinate with the personal representative and an attorney first.
• If the personal representative is not acting, ask the probate court to compel them, replace them, or appoint a special administrator to protect the estate.
• Time matters: don’t delay collection of evidence or filing court actions if property value is significant.