Short answer
If a sibling has taken sentimental personal property that belonged to a deceased relative while that person’s estate is open in Maryland, you may be able to get the items back. Who has control of the property during probate, whether the items were specifically left in a will, and whether the sibling removed the items improperly will determine the best route: ask the personal representative (executor/administrator) to act, file a motion in the probate (Orphans’) court, or bring a civil replevin or conversion action. In urgent cases you can seek court-ordered return of the items on a temporary basis.
Detailed answer — how recovery typically works under Maryland law
1. Who controls the decedent’s belongings during probate?
When someone dies, their property becomes part of the decedent’s estate. In Maryland the personal representative appointed for the estate has the legal duty to collect, protect, and distribute estate property according to the will (if any) and the law. If there is no will, the personal representative must follow Maryland intestacy rules and directions from the Orphans’ Court. For general information about probate administration and the Register of Wills, see the Maryland Registers of Wills page: https://www.marylandcourts.gov/registers/wills. You can find Orphans’ Court information at: https://www.marylandcourts.gov/orphanscourt.
2. Were the items already distributed or specifically bequeathed?
If the will specifically leaves particular items (for example, a named painting or piece of jewelry) to a particular person, the personal representative should follow that instruction. If the will is silent or there is no will, the personal representative must identify estate property and distribute it according to the law. If a sibling took items without the representative’s authorization and they belong to the estate, that may be improper.
3. What to do first — practical steps you should take now
- Document what happened: write down what was taken, when, and any witnesses. Photographs or inventories that show ownership or placement before removal help.
- Contact the personal representative in writing. Ask for an explanation and request return of specific items. Keep copies of all communications.
- Preserve evidence: do not threaten, harass, or take the property back yourself; doing so can create legal risk for you.
- If you are a beneficiary or an heir, gather documents that show your interest (a will, emails, texts, or photos that connect you to the items).
4. Legal options available in Maryland
Depending on the facts, one or more of these remedies may apply:
- Ask the personal representative to recover and distribute the items. If the personal representative refuses or is the person taking property, beneficiaries can file a petition with the Orphans’ Court asking the court to require the representative to account for and turn over estate property.
- File a petition in the Orphans’ Court (probate court). The Orphans’ Court can resolve disputes about estate administration, require inventories, and order property returned to the estate for proper distribution. See the Orphans’ Court information page: https://www.marylandcourts.gov/orphanscourt.
- Civil actions for return of property (replevin) or money damages (conversion). Replevin is a lawsuit for the recovery of specific personal property. Conversion is a legal claim for wrongful possession that seeks the value of the property. These civil actions are separate from probate and may be filed in the appropriate Maryland civil court if the personal representative does not act or if the property has been taken by a non-representative.
- Emergency temporary relief. If property is in danger of being sold or hidden, you or the estate can ask a court for a temporary restraining order or preliminary injunction, or seek an ex parte replevin/seizure under the rules that apply to emergency motions. Courts weigh urgency, the risk of harm, and competing rights before issuing such orders.
- Criminal remedies. If the sibling’s conduct amounts to theft, you may report the matter to law enforcement. Criminal charges are a separate process and are handled by prosecutors. Criminal reporting does not replace civil remedies for recovering property.
5. Typical proof and hurdles
To succeed you will usually need evidence showing the items belonged to the decedent or to the estate and that the sibling lacks legal title or authority to keep them. Complications include unclear ownership (gifts vs. estate property), items mixed with other property, or a will that authorizes distribution. If a sibling claims the decedent gave the items to them before death, the court evaluates witness testimony, contemporaneous writings, and other evidence.
6. Costs and timing
Litigation (probate petitions or civil suits) can take weeks to months, depending on the court’s schedule and whether immediate relief is needed. Consider whether the value of the items justifies litigation costs. In many disputes over sentimental items, parties resolve matters through negotiation or mediation to avoid fees and delay.
Helpful Hints
- Always start by communicating with the personal representative in writing and keep copies.
- Do not attempt self-help (taking the items yourself) — that can lead to criminal or civil liability.
- Gather all proof of ownership: photos, receipts, emails, letters, and witness contact information.
- Ask the Register of Wills or the Orphans’ Court clerk how to file a petition. Local clerks can explain procedure and forms: https://www.marylandcourts.gov/registers/wills.
- Consider mediation if relationships are important and the parties are willing to negotiate; mediation is often faster and less expensive than litigation.
- If you need urgent action (items being destroyed or moved out of state), mention the urgency when consulting an attorney — there are emergency remedies that courts can grant in appropriate cases.
- Keep records of all estate inventories or filings. Maryland courts and the personal representative are required to account for estate assets; a missing inventory item is a basis to raise the issue with the court.