What to do when an heir refuses to return estate property while the Wyoming estate is still open

Short answer: The personal representative (executor/administrator) should make a written demand, document the refusal, then ask the probate court to compel turnover of estate property. If the heir still refuses, the estate can pursue court-ordered turnover (replevin), a civil claim for conversion, contempt/sanctions, or refer the matter to law enforcement for possible criminal charges. You should act promptly, preserve evidence, and consult a Wyoming probate attorney for court filings.

Detailed answer

These steps assume the estate is open in Wyoming probate and that the person refusing to return property is an heir or someone with possession of estate assets. Below is an overview of the usual process and important considerations under Wyoming practice:

1. Confirm who has legal authority over estate property

Only the appointed personal representative (PR) has the legal duty and authority to collect, protect, and distribute estate assets according to the will and Wyoming probate law. If someone (an heir or family member) has estate property but the PR has not authorized permanent transfer, that property remains part of the estate.

2. Make a clear written demand

Start with a firm, written demand telling the heir to return the specific items. Include:

• A clear description of the property (make/model, serial numbers, photos).
• Why the property belongs to the estate (will language, inventory listing, decedent possessions).
• A reasonable deadline for return (e.g., 7–14 days) and where/how to return it.
• A statement that failure to return will result in court action.

Send the demand by certified mail with return receipt, email if that is the heir’s usual address, and keep a copy in the estate file.

3. Document the refusal

Keep copies of the demand, any replies, photographs of the property, written witness statements (who saw the item in the heir’s possession), and any receipts or records. That evidence is necessary if you ask the court to act.

4. Ask the probate court to compel turnover

If the heir does not comply, the PR can file a motion or petition in the probate court that is handling the estate asking the judge to order the heir to return the property. Remedies commonly used in Wyoming probate practice include:

• Turnover or replevin action in probate court to recover specific property.
• Motion for contempt or sanctions if the court previously ordered turnover and the heir disobeys.
• Request for temporary relief (injunction or order to preserve the property) if the item is at risk of being hidden, sold, or destroyed.

5. Civil claims and removal of the personal representative (if relevant)

If the PR believes an heir intentionally converted estate assets or if the PR’s own authority is in dispute, the estate can pursue civil claims such as conversion or breach of fiduciary duty. If the PR is not doing the job, interested parties can petition the court to remove the PR or require a bond or accounting.

6. Criminal options

When an heir intentionally takes or refuses to return property that clearly belongs to the estate, law enforcement may have grounds to investigate theft or embezzlement. A criminal referral is a separate path; criminal charges don’t replace the probate court’s power to order return of property or award civil damages.

7. Practical and timing considerations

• Act quickly. Delay can make property harder to recover and can weaken the estate’s case.
• Use the probate court where the estate is open. That court has primary authority to administer the estate and resolve disputes about estate property.
• Preserve evidence: inventories, photographs, receipts, witness statements, mail receipts, and any written communications with the heir.
• Consider mediation for faster, less costly resolution if the heir is willing to negotiate.

Wyoming statutes and resources

Probate procedures and the PR’s duties are governed by Wyoming law and local court rules. For the full text of Wyoming statutes and to search relevant provisions, see the Wyoming Legislature website: https://wyoleg.gov/. For probate guidance and court contacts, see the Wyoming Judicial Branch probate information: https://www.courts.state.wy.us/. These sites provide the current statutes and court rules that apply to estate administration, turnover orders, and related remedies.

Hypothetical example

Imagine a decedent owned a gold watch that an heir took when family was cleaning out the house. The personal representative listed the watch in the estate inventory and sent a certified demand for return. The heir refused. The PR filed a petition in the county probate court asking the judge to order turnover of the watch and requested an order seizing the watch if the heir didn’t comply. The court issued an order directing the heir to return the watch within 10 days and warned that failure to comply could result in contempt proceedings and civil damages. The heir returned the watch the day before the contempt hearing.

Sample demand letter checklist (what to include)

• Letterhead: name of personal representative and estate name.
• Clear identification of the item(s) being demanded (photos, serial numbers).
• Reference to the estate inventory or will language showing property is estate asset.
• Return deadline (date and time).
• Instructions for where/how to return the items.
• Statement warning of intended court action if the demand is not met.
• Contact details for arranging return.

Helpful Hints

• Preserve copies of everything: certified mail receipts, emails, photos, invoices, and inventories. Courts rely heavily on documentation.
• Do not try to take property back by force or threats. That can create criminal exposure for the person attempting self-help.
• If the property is at imminent risk of being sold or destroyed, ask the probate court for an emergency order to preserve it.
• Consider a demand letter from the estate attorney—sometimes that is enough to prompt voluntary return.
• If the estate lacks funds to pursue litigation, discuss alternative dispute resolution (mediation) or small-claims options for lower-value items.
• Keep beneficiaries informed. Resolving disputes cooperatively often reduces costs and delays to final distribution.

Disclaimer: This article explains general Wyoming probate procedures and is for educational purposes only. It is not legal advice. For advice about a specific situation, contact a licensed Wyoming probate attorney or the probate court handling the estate.