Can you force the return of sentimental items from a sibling during probate?

Short answer: Possibly — but how you proceed matters. Under California law the personal representative (executor or administrator) controls estate property while probate is open. If a sibling removed sentimental items that belong to the estate or to a beneficiary, you may be able to recover them through the probate court, a civil claim for conversion, or (in some cases) criminal reporting. If the items were distributed according to a valid will or valid inter vivos gift, recovery is harder.

Disclaimer

This is educational information only and is not legal advice. For advice about your specific situation, consult a licensed California attorney.

How California probate generally works (what controls property while probate is open)

When someone dies and their estate goes into probate, the court appoints a personal representative (often called an executor or administrator). That representative has the legal duty to collect estate assets, preserve them, inventory and value them if required, pay valid debts, and distribute the remaining property according to the will or California intestacy rules if there is no will. While probate is pending, estate property is generally under the control of the personal representative and cannot be kept or disposed of by family members without authorization.

For general information about California probate procedures, see the California Courts probate self-help pages: https://www.courts.ca.gov/selfhelp-probate.htm. For California codes and statutes search, use the California Legislative Information site: https://leginfo.legislature.ca.gov/faces/codes.xhtml.

Common legal options to get sentimental items back

Ask the personal representative (executor) first.

If the sibling is not the personal representative, start by asking the executor to insist on return. The executor has the duty to collect and protect estate assets and to distribute them properly. A polite written request (and a copy to the executor) can sometimes resolve the issue quickly.
Demand letter.

If informal requests fail, you (or the executor) can send a written demand letter asking for return. Keep copies for the probate file. A clear demand creates a record and may be enough to persuade the sibling to return the items.
Ask the probate court to compel turnover.

If the items belong to the estate or to a specific beneficiary under the will, the appropriate procedural route is usually a motion in probate court. Common motions include a petition to compel the person to return estate property, a petition to compel an accounting, or a petition to enforce distribution rights. The court can order the items returned, impose sanctions, and hold a person in contempt of court if they disobey. Your local probate court or an attorney can help you file the right petition.
Civil claim for conversion or replevin.

If someone wrongfully took or refuses to return your property or estate property, you can bring a civil lawsuit for conversion (wrongful possession) or replevin (recovery of specific property). If you bring such a claim while probate is ongoing, the probate court may need to be informed or involved to avoid conflicting orders. Consult an attorney about coordination between civil court and probate court actions.
Emergency relief (temporary restraining order or ex parte order).

If the sibling threatens to destroy, sell, or move the items out of state, you may be able to obtain emergency relief (for example, an ex parte order or temporary restraining order) from the probate court to prevent loss. Emergency filings are fact-specific and require clear evidence of imminent harm.
Criminal reporting (rarely the first step).

If you believe the sibling committed theft, you can report it to law enforcement; California’s theft statute is codified in the Penal Code (see Penal Code §484 for theft generally). Criminal authorities may investigate but criminal prosecutions do not guarantee civil recovery of items and are typically separate from probate remedies. See Penal Code (theft): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=484.&lawCode=PEN.
Small estate options.

If the estate qualifies as a “small estate” under California law, the successor may use streamlined statutory procedures (such as a small estate affidavit or a summary distribution) to collect personal property without a full probate. How sentimental items are treated under these procedures depends on whether the items were part of the estate and who the rightful beneficiaries are. See California probate resources for details: https://www.courts.ca.gov/.

Practical questions courts consider

Were the items part of the decedent’s estate at death, or were they already gifted to the sibling before death?
Did the will or a personal property memorandum identify the items and their intended recipients?
Is there evidence the sibling removed the items after the decedent died (as opposed to having lawful possession before death)?
Is the estate in formal probate, or is a small estate procedure available?
Is immediate action needed to prevent loss, sale, or destruction of the items?

Evidence you should gather

Proof of ownership or evidence the items were part of the decedent’s household (photos, inventory lists, appraisals).
The decedent’s will and any personal property memorandum attached to the will.
Communications with the sibling (texts, emails, letters) showing removal or refusal to return items.
Copies of any inventories or accountings filed by the personal representative.
Witness statements about who had possession and when.

Timing and costs

Probate motions and civil lawsuits take time and cost money. If the items are of high sentimental or monetary value, an attorney can advise whether the expected recovery justifies the expense. Sometimes mediation or a settlement with the sibling is the most practical route.

When to get a lawyer

Consider consulting a probate or civil litigator if: (1) the items are valuable or unique, (2) the sibling refuses repeated requests, (3) the estate’s personal representative is not enforcing estate rights, or (4) you need emergency court relief. A lawyer can prepare and file the proper probate petition, a civil claim, or an emergency ex parte motion.

Helpful links and resources

California Courts — Probate Self-Help: https://www.courts.ca.gov/selfhelp-probate.htm
California Legislative Information (codes search): https://leginfo.legislature.ca.gov/faces/codes.xhtml
California Penal Code §484 (theft): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=484.&lawCode=PEN

Helpful Hints

Document everything. Dates, messages, photos, and witness names matter.
Preserve evidence. Don’t destroy or sell items that may be disputed.
Talk to the personal representative first — they have powers and duties to recover estate property.
Use written requests to create a record before filing court papers.
Act quickly if the sibling threatens to move or sell the items — seek emergency relief if needed.
Consider mediation to resolve family disputes without costly litigation.
Get legal help for filing probate petitions or civil claims; incorrect filings can delay recovery.

If you want, tell me briefly whether the estate is in formal probate, who is the personal representative, and whether the items were removed before or after death — I can outline the likely procedural next steps you can take in California.