The Short Answer

Often, yes—if the items were estate property, Florida law generally gives the personal representative authority to take control of the decedent’s property and to pursue recovery of property that was improperly removed. Whether you can actually get the items back (or recover their value) depends on what was taken, who took it, whether it was exempt/homestead-related, and what the probate court’s order specifically requires.

What Florida Law Says

In a Florida probate, the personal representative (executor) is the fiduciary charged with gathering, protecting, and preserving estate assets until they can be properly distributed. That includes the ability to demand delivery of estate property and, when necessary, bring an action to recover possession or determine title—especially when beneficiaries or heirs take items before the estate is administered.

The Statute

The primary law governing this issue is Fla. Stat. § 733.607.

This statute establishes that the personal representative has the right to, and must take possession or control of, the decedent’s property (with limited exceptions such as protected homestead), and may take legal action to recover estate property or determine title when needed for administration.

If your situation involves enforcing a probate court order (for example, an order directing someone to return property or comply with administration requirements), the probate court can also enforce its orders through appropriate remedies, which may include sanctions depending on the circumstances.

Why You Should Speak with an Attorney

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

• Strict Deadlines: Probate disputes can move quickly once administration is underway, and delays can make it harder to locate items, prove what was taken, or recover value if property has been sold or transferred.
• Burden of Proof: You typically need credible evidence of what items existed, that they belonged to the decedent/estate (not the heir personally), who removed them, and their value (photos, inventories, witness statements, receipts, appraisals).
• Exceptions: Some property may be exempt, may pass outside probate, or may be tied to homestead-related issues—changing what the personal representative can control and what remedies are available.

Because these disputes often escalate into contested probate litigation (and can involve claims like misappropriation, surcharge, or conversion), getting counsel early can protect the estate, preserve evidence, and position you to enforce the court’s authority effectively.

For more background on the personal representative’s role, see what a Florida personal representative is responsible for during probate. If the dispute overlaps with missing money or questionable transactions, you may also find helpful context in challenging an accounting and recovering misappropriated estate funds.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

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.