Detailed answer — steps to take under Wisconsin law

This FAQ assumes an estate is still open in Wisconsin probate, a person who is an heir (or someone claiming to be an heir) has possession of property that belongs to the decedent’s estate, and that person refuses to return the property when asked. Below are practical, sequential steps a personal representative, beneficiary, or interested party can take. This is an educational overview — not legal advice.

1. Confirm ownership and the estate status

Before taking any formal step, confirm that the item is estate property (a bank account, titled vehicle, jewelry, personal effects, etc.), and check whether the estate is still open and who the personal representative (PR) or administrator is. The PR has the legal duty to collect estate assets and distribute them according to the will or Wisconsin intestacy rules.

2. Communicate in writing to preserve the record

Send a clear written demand to the holder explaining that the item belongs to the estate and asking for immediate return. Keep a copy of the demand letter, and note when and how it was delivered. Written records help if you later file a court motion or a civil claim.

3. Notify the personal representative (if you are not the PR)

If you are a beneficiary or interested party, notify the personal representative in writing and provide evidence (photos, appraisals, receipts, witness statements). The PR is the person authorized to pursue recovery for estate property on behalf of the estate.

4. Ask the PR to use probate process first

The PR can take several probate-based steps without closing the estate:

• File a petition or motion in the probate court asking the judge to order the return of estate property.
• Request an injunction, turnover order, or other relief from the probate court to compel delivery of the property to the estate.
• Seek court authority to commence a civil lawsuit (for replevin, conversion, or recovery) if the holder refuses to comply.

In Wisconsin, the probate court supervises administration of the estate and can order the PR to take steps to recover assets and can compel others to return estate property. For general information about Wisconsin probate proceedings and resources, see the Wisconsin Courts probate page: www.wicourts.gov/services/public/selfhelp/probate.

5. Civil remedies: replevin and conversion

If voluntary return fails, the estate (through the PR) can pursue civil remedies. Two common causes of action are:

• Replevin: A lawsuit to recover possession of specific goods. If successful, the court orders the property returned to the estate.
• Conversion or claim for monetary damages: If the item cannot be recovered or was sold, the estate can seek the fair market value and other damages.

Which remedy fits best depends on whether the item can be located and returned intact, the value of the item, and the cost of litigation.

6. Contempt, sanctions, or removal (for persistent refusal)

If the holder ignores court orders to deliver property, the probate court can hold that person in contempt or impose sanctions. If the problem is the personal representative’s refusal to act, interested parties can petition the court to remove or replace the PR for failure to perform duties.

7. Consider criminal reporting in clear theft situations

If an heir intentionally stole estate property, local law enforcement may be able to investigate theft or embezzlement. Criminal prosecution is separate from civil recovery; a criminal case may support civil remedies but is not required to recover property.

8. Preserve evidence and avoid escalation

Keep photos, appraisals, texts, emails, witness names, and receipts. Avoid confrontations that could become violent or jeopardize a civil case. Try mediation if relationships and circumstances make it feasible; some probate courts and attorneys encourage mediation before or during litigation.

9. Timing and statute of limitations

Act quickly. Evidence fades, witnesses move, and statutes of limitation can bar certain claims. The PR should monitor deadlines for probate administration and for bringing civil claims to recover estate property.

Helpful Wisconsin legal resources

• Wisconsin Statutes and public search: docs.legis.wisconsin.gov/statutes.
• Wisconsin Courts — probate self-help and forms: www.wicourts.gov/services/public/selfhelp/probate.
• For information on civil remedies (replevin, conversion) and how to start a claim in Wisconsin circuit court, the Wisconsin Court System site and local court clerk can guide you to forms and filing procedures: www.wicourts.gov.

Hypothetical example: Jane is the personal representative for her mother’s estate. Her brother Mark removed a box of silver flatware from the decedent’s house and refuses to give it back. Jane documents the flatware with photos, sends Mark a written demand, and informs the probate court that Mark is withholding estate property. When Mark refuses, Jane files a replevin motion in probate (or files suit in circuit court if the probate judge directs it). The court orders Mark to turn the flatware over to Jane. If Mark disobeys the order, the court may hold him in contempt and enforce the turnover.

Helpful hints

• Preserve proof: take dated photos, keep receipts, and save messages discussing the property.
• Send a written demand and keep proof of delivery (certified mail or email delivery receipts).
• The personal representative has primary authority to recover estate property — coordinate with the PR before filing litigation.
• If the estate is small or the property low-value, weigh the recovery cost against potential gain; small-claims or negotiated resolution may be best.
• Ask the probate court clerk for local filing procedures and forms; procedures can vary by county.
• Consider mediation to preserve family relationships and limit legal fees when appropriate.
• If you expect criminal conduct (theft), contact the local police to determine whether an investigation is warranted.
• Keep deadlines in mind; do not wait until the estate is closed to act on recoverable property.