Detailed Answer

Quick overview: If the estate is still open and an heir refuses to return property that belongs to the estate, the probate court in Washington has tools to recover that property. The personal representative (formerly called executor or administrator) normally must protect estate assets. If the personal representative will not or cannot get the property back, beneficiaries can ask the probate court to order turnover, to hold the person in contempt, or to pursue a civil action (such as replevin or conversion). Document everything, act quickly if property is at risk, and consider consulting a probate attorney.

Relevant legal framework

Washington law governing decedents’ estates appears in Title 11 of the Revised Code of Washington (RCW). That Title sets out the duties of personal representatives, the probate court’s powers, and procedures for administration. See RCW Title 11: https://app.leg.wa.gov/rcw/title/11/.

Who has standing to act?

• The personal representative is primarily responsible for collecting and safeguarding estate property and must take steps to recover assets wrongfully withheld.
• Beneficiaries (people named in the will or heirs-at-law) have the right to request that the personal representative enforce estate rights. If the personal representative fails, beneficiaries can petition the probate court for relief.

Practical steps to take immediately

1. Preserve evidence. Keep copies of the will, inventory, correspondence, emails, text messages, photographs of the property, and any receipts or proof of ownership.
2. Send a written demand. Ask the heir to return estate property. Keep a dated copy of the demand and any responses.
3. Notify the personal representative (if you are not the personal representative). Ask them to act and set a reasonable deadline in writing.
4. If the personal representative refuses or fails to act, contact the probate court clerk to learn case procedures and deadlines for filing a petition in the pending estate file.
5. Consult a probate attorney. A lawyer can prepare the necessary court filings and advise whether an emergency motion is appropriate (for example, to prevent sale or removal of the property).

Court remedies available in Washington

Depending on the facts, the probate court or a civil court can provide several remedies:

• Turnover order (probate): File a petition in the open probate case asking the court to order the heir to return the property to the estate. Probate courts supervise estate assets and can issue turnover orders.
• Contempt: If the court has already ordered turnover and the heir disobeys, the court can hold the person in contempt, which can result in fines or other sanctions.
• Removal or surcharge of the personal representative: If the personal representative fails to protect estate assets, beneficiaries can petition the court to remove the representative or to surcharge (financially charge) the representative for losses. See RCW Title 11 for the court’s authority over administration: https://app.leg.wa.gov/rcw/title/11/.
• Civil actions (replevin, conversion): If immediate recovery is needed or the probate court is not the correct venue for a particular piece of property, a replevin action (to recover specific personal property) or a conversion claim (monetary damages) in civil court may be appropriate.
• Temporary restraining order (TRO) or injunction: If the property is in danger of being sold, hidden, or destroyed, an emergency motion asking the court to freeze the property or enjoin the heir from disposing of it may be available.

How the process typically works

1) Try informal resolution: written demand and mediation. 2) If informal efforts fail, file a petition in the probate case seeking turnover or other relief. 3) The court sets a hearing; the judge can order return of the property, damages, or other remedies. 4) If the personal representative fails to act and beneficiaries bring the petition, the court may appoint counsel or a special fiduciary to protect the estate.

When you might use civil court

Use civil court (replevin or conversion) when the property is unique, the estate needs immediate recovery, or the heir’s conduct also gives rise to separate tort claims. Often coordination is needed between civil remedies and the probate proceedings to avoid conflicting orders.

Costs, timing, and risks

Litigation can take weeks to months (or longer) depending on the complexity and whether emergency relief is needed. Expect filing fees, possible attorney fees, and the time needed to gather evidence. In some cases the court may shift fees or damages if the heir acted wrongfully; in other cases each side bears its own costs.

Where to find forms and help

Washington Courts provides probate forms and information that can help you identify the right pleadings and procedures: https://www.courts.wa.gov/forms/?fa=forms.probate.

Bottom line: Act promptly. Start with a written demand and involve the personal representative. If that fails, work with the probate court or a civil court to seek turnover, injunctive relief, contempt sanctions, or damages. Consulting a probate attorney early can speed recovery and protect your rights.

Disclaimer: This is general information about Washington law and not legal advice. For advice about your situation, consult a licensed attorney in Washington.

Helpful Hints

• Keep all communications in writing. Save emails, texts, and photos showing possession or damage.
• Ask the probate clerk for the estate case number and file any petitions in the open probate case to avoid procedural problems.
• If you are a beneficiary, remind the personal representative of their duty to inventory and protect assets under RCW Title 11: https://app.leg.wa.gov/rcw/title/11/.
• Consider a demand letter from an attorney before filing suit; it can prompt voluntary return and may reduce costs.
• Act fast if property is at risk of sale, transfer, or destruction — seek emergency relief from the court.
• Document the value and uniqueness of the item (receipts, appraisals, photos) to support replevin or conversion claims.
• If the personal representative mishandles assets, beneficiaries can petition for removal or surcharge; don’t assume the representative will handle things properly without court oversight.
• Ask about mediation or settlement before trial — courts often encourage resolving disputes without a full hearing.