The Short Answer

Yes. In Florida, removing items from a decedent’s home before the estate is properly administered can create serious legal risk—especially if other family members have rights under the will or the property may be needed for estate administration. Even if you believe certain items are “yours,” taking them without clear authority can lead to a court order to return the property, financial liability, and in some cases allegations of theft or conversion.

What Florida Law Says

After someone dies, their property generally becomes part of the probate estate (unless it passes outside probate). Florida law gives the personal representative (executor) the right to take possession or control of the decedent’s property for administration, and the personal representative can demand that property be delivered back to the estate when needed. If a beneficiary or family member removes items first, the estate may pursue recovery and the dispute can quickly become an adversarial probate matter.

Also, some household items may qualify as “exempt property” for a surviving spouse or children, but that determination is not automatic in every case and can depend on what the will says and what the court determines.

The Statute

The primary law governing control and recovery of estate property is Fla. Stat. § 733.607.

This statute establishes that (unless the will provides otherwise) the personal representative has the right to take possession or control of the decedent’s property for purposes of administration and may take legal action to recover estate property or determine title.

For certain household items, Florida’s exempt property rules may also matter. See Fla. Stat. § 732.402 (exempt property), which can protect certain household furnishings (up to statutory limits) for a surviving spouse or, if none, the decedent’s children—subject to important limitations (including that specifically devised items generally are not treated as exempt property).

If your situation involves family members taking items from the home, you may also find this helpful: Can I make heirs return items they removed from an estate home before I took possession in Florida?

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If anyone is claiming “exempt property,” Florida law can impose filing deadlines to preserve that right (for example, a petition for determination of exempt property must be filed within the time limits in Fla. Stat. § 732.402(6)).
• Burden of Proof: If there’s disagreement about whether an item was a gift, jointly owned, or part of the estate, you may need evidence (receipts, photos, witness testimony, prior writings, or the will’s language) to avoid being ordered to return property or pay its value.
• Exceptions and Authority Issues: The will’s wording, whether a personal representative has been appointed, and whether property is needed for administration can change what is allowed. Under Fla. Stat. § 733.607, a personal representative’s demand for delivery can carry significant legal weight.

Trying to “sort it out” informally can backfire—especially when other beneficiaries believe property was taken unfairly. A Florida probate attorney can assess whether the items are estate assets, exempt property, or non-probate property, and can help you reduce the risk of being accused of wrongdoing while protecting your rightful share.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.