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

Short answer: Document the missing property, send a written demand, notify the personal representative (executor/administrator) and the probate court, and if the heir still refuses, ask the court to order turnover, compel an accounting, surcharge or remove the personal representative, or pursue a civil action. Colorado’s probate rules and the Colorado Revised Statutes (Title 15) provide the court tools to recover estate property.

Detailed answer — how this works under Colorado law

When a person dies and an estate is opened, the personal representative (PR) has a legal duty to identify, gather, protect, and distribute estate property according to the will or the law. If an heir or beneficiary takes or keeps estate property before distribution (or refuses to return it after a request), that person may be committing wrongful interference, and the PR (or another interested party) can use probate and civil remedies to recover the property.

Key Colorado authority: Colorado’s probate law is in Title 15 of the Colorado Revised Statutes (Uniform Probate Code). The court that supervises the estate can require the PR to produce an accounting, can order turnover of estate assets, can surcharge (financially charge) a PR for losses, and can remove a PR for misconduct. See Colorado Revised Statutes, Title 15 (Uniform Probate Code): Colorado Revised Statutes Title 15 (Estates, Trusts, & Fiduciaries). For general probate procedure and forms, see the Colorado Judicial Branch probate information: Colorado Judicial Branch – Probate.

Typical steps to take (practical, ordered steps)

Do not use force or take property back yourself. Avoid escalating the situation or committing a crime. Self-help can create legal problems.
Gather and preserve evidence. Make a list of the missing items, their approximate value, and any proof they belonged to the decedent (photos, receipts, title documents). Save texts, emails, voicemail, and any witness statements about how the heir obtained or retained the property.
Check the estate records. Review the inventory, receipts, and the PR’s filings with the probate court. The PR should have listed estate property on the inventory and protected it. If property is missing, note whether the PR reported it.
Send a written demand. The PR or an interested person should send a formal written demand to the heir asking for return of the property or payment of its value. Keep a copy.
Notify the personal representative and the probate court. If the PR is not already aware, inform them in writing. If the PR fails to act, interested persons can file motions with the court.
File a petition in probate court if necessary. Common probate petitions include requests to compel turnover of estate property, petitions for an accounting, motions to surcharge (charge) the PR for losses, or petitions to remove the PR for failure to perform duties. The court can order the heir to return property or compensate the estate.
Use civil remedies if appropriate. Outside probate, the estate (through the PR) can file civil actions such as replevin (to recover specific personal property), conversion (to recover value for wrongful taking), or a claim for unjust enrichment. The probate court or a civil court may hear these claims depending on the circumstances.
Consider a temporary restraining order or injunction. If the property is at risk of sale, destruction, or dissipation, the estate can ask the court for emergency relief to preserve the asset while the dispute is resolved.
Hire an attorney if the heir refuses to cooperate. An attorney experienced in Colorado probate will prepare pleadings, present evidence to the court, and request the specific relief needed (turnover, contempt, damages, etc.).

How Colorado courts can enforce return or compensation

The probate court has broad authority to supervise administration of the estate and to address wrongful conduct related to estate assets. Typical remedies include:

Order of turnover: The court can order an heir or third party to return estate property that was improperly taken or withheld.
Accounting and surcharge: The PR must account for estate assets; if the PR fails to protect assets or the court finds mismanagement, the court can surcharge the PR. If an heir received property improperly, the court can require restitution to the estate.
Removal of the personal representative: If the PR fails to act to recover estate property or is otherwise unfit, the court can remove the PR and appoint a successor.
Contempt and sanctions: If the court orders return and an heir refuses, the court can hold that person in contempt and impose fines or other sanctions.
Civil claims (replevin, conversion): These claims let the estate either recover the specific property or recover its value.

These powers arise from the probate code and the court’s equitable authority. See Colorado Revised Statutes, Title 15 for the probate code provisions: CRS Title 15 (Uniform Probate Code), and consult the Colorado Judicial Branch for local process: Colorado Judicial Branch – Probate.

Timing and practical considerations

Act promptly. Statutes of limitations and probate deadlines can limit remedies. Prompt documentation and early court involvement make recovery more likely and reduce the chance an heir will dispose of assets. If the estate is still open, the probate court is the primary forum to resolve disputes over estate property.

When to call an attorney

Get an attorney if the heir refuses to return property after a written demand, if the PR fails to act, if assets are being hidden or sold, or if the value is substantial. An attorney will prepare the required pleadings and seek immediate court relief (turnover, injunction, contempt, replevin, or damages).

Note: If you are the personal representative, you have authority to act on behalf of the estate. If you are an heir or beneficiary, you have standing to ask the court to enforce the estate administration and protect estate property.

Disclaimer

This page is educational and informational only. It does not provide legal advice and does not create an attorney-client relationship. For advice about your specific situation under Colorado law, contact a licensed attorney.

Helpful Hints

Document everything: dates, communications, photos, receipts, and witnesses.
Keep copies of probate filings: inventory, letters testamentary/administration, and accountings.
Send written demands by certified mail or another trackable method.
Do not try to forcibly seize property; let the court order a lawful remedy.
If you are the PR, act quickly — courts expect PRs to protect estate property.
Ask the court for emergency relief if property is at risk of being sold or destroyed.
Preserve electronic evidence: text messages, emails, and social media posts can prove possession or intent.
Consider alternative dispute resolution if parties are willing: mediation can be faster and less costly than litigation.