The Short Answer

In Florida, recovering personal property taken from a decedent’s home often turns on whether the items are truly your property or are estate property that must be gathered and controlled by the personal representative (PR). If the property belongs to the estate, Florida law generally allows the PR to demand delivery and, if necessary, bring a court action to recover possession or determine title.

What Florida Law Says

Florida probate administration is designed to collect, protect, and distribute a decedent’s assets under court supervision. As a general rule, the personal representative has the right to take possession or control of the decedent’s property (with limited exceptions), and the PR may pursue legal action to recover property that should be in the estate.

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 (subject to certain exceptions) and may maintain an action to recover possession of property or determine title to it.

If your situation involves a removed or replaced personal representative who is holding estate assets, Florida law also requires surrender of estate assets upon removal. See Fla. Stat. § 733.509.

For a deeper discussion of how probate courts handle “taken property” disputes, you may also find helpful: Can a Family Member Take Estate Property Before Probate Is Finished in Florida? and Can a Florida probate court force an heir to return estate property while the estate is still open?

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 be time-sensitive, especially if the estate is moving toward closing or assets are being sold or distributed. Waiting too long can reduce practical recovery options.
• Burden of Proof: You may need evidence showing whether the items were the decedent’s assets, gifts made before death, jointly owned property, or your separate property (receipts, photos, texts/emails, witness testimony, inventories).
• Exceptions and Title Issues: Some property may be left with a presumptive beneficiary unless the PR needs it for administration, and disputes can turn into “who owns it” litigation rather than a simple return request. Under Fla. Stat. § 733.607, a PR’s request for delivery can carry significant legal weight in later possession disputes.

Trying to handle this alone can lead to avoidable escalation, missed opportunities to preserve evidence, or a court fight framed the wrong way (probate proceeding vs. separate civil claims). A Florida probate attorney can quickly assess the best forum and strategy to protect your rights and push for return or compensation.

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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.