Can I force the return of sentimental items from my sibling during probate? - Florida
The Short Answer
Sometimes, yes—but it usually is not as simple as “I want my items back.” In Florida probate, the right to demand return of a decedent’s property typically runs through the personal representative (the court-appointed executor/administrator), who can require delivery of estate property and, if necessary, pursue court relief to recover it.
What Florida Law Says
In a probate administration, the personal representative is the fiduciary responsible for gathering, protecting, and ultimately distributing estate property. If a sibling is holding items that belong to the estate (even if they are “sentimental”), the issue is usually framed as estate property that must be collected and accounted for before it can be properly distributed to the right person.
The Statute
The primary law governing this issue is Fla. Stat. § 733.607.
This statute provides that the personal representative has the right to (and generally must) take possession or control of the decedent’s property for administration, and it authorizes the personal representative to maintain an action to recover possession of property or to determine title when needed.
Florida law also emphasizes that the personal representative is a fiduciary who must administer the estate in the best interests of the estate and interested persons. See Fla. Stat. § 733.602.
If the real dispute is not “where are the items,” but who is legally entitled to them (for example, the will is unclear or family members disagree), Florida provides a probate mechanism to ask the court to determine who the beneficiaries are and what they receive. See Fla. Stat. § 733.105.
Related reading: How Can I Recover Personal Property a Family Member Is Holding During Probate in Florida?
Why You Should Speak with an Attorney
Even with a clear statute, disputes over sentimental items often become high-conflict quickly, and the “right” approach depends on details that can affect leverage, cost, and outcomes. Legal outcomes often depend on:
- Authority and Standing: If you are not the personal representative, your ability to “force” return may be limited—often the personal representative must act under Fla. Stat. § 733.607.
- Burden of Proof: You may need evidence the items are estate property (not a lifetime gift), what items exist, and who currently possesses them—especially when there is no inventory, photos, or documentation.
- Exceptions and Competing Rights: Some property may be subject to homestead/exempt property concepts, specific devises, or disputes about beneficiary shares that require court interpretation (and sometimes a petition to determine beneficiaries under Fla. Stat. § 733.105).
Trying to handle this alone can backfire—especially if the other side claims the items were gifted, claims you already received your share, or accuses you of harassment or self-help. A Florida probate attorney can evaluate whether the items are estate assets, who has legal authority to demand them, and what court remedies are realistically available.
Related reading: Can I recover personal property taken from a decedent’s home through probate in Florida?
Get Connected with a Florida Attorney
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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.