Florida — Securing a Deceased Person’s Home and Preventing Siblings from Removing Belongings | Florida Probate

Detailed Answer

When someone dies in Florida, the decedent’s property does not immediately transfer to heirs or family members. Until a personal representative (also called an administrator or executor) is lawfully appointed by the probate court and given authority, the estate’s assets remain part of the decedent’s estate. However, families sometimes act quickly and remove items before a court appointment. The goal is to preserve the property, document its condition and contents, and—if necessary—obtain court orders that prevent removal or recover items later.

The discussion below explains practical steps you can take immediately, what the probate process in Florida allows, and legal remedies that may be available if someone takes property before you become the appointed personal representative. This is general information about Florida law and procedures. It is not legal advice; consult a probate attorney to evaluate your specific situation.

Key legal background (Florida)

Probate procedures and the powers and duties of a personal representative are governed by Florida probate law. See Florida Statutes, Chapter 733 (Administration of Estates) for general rules and procedures, and Chapter 735 (Disposition of Decedent’s Property Without Administration) for limited, small-estate procedures:

Practical immediate steps to secure the house and its contents

Act quickly but calmly. Time matters. Start documenting and preserving evidence now to make it easier to obtain protective court orders or a recovery if needed.
Create a written preservation request. Send a short, polite message (email and text) to siblings and other household members stating that the property is part of the decedent’s estate, asking everyone to leave items in place and not remove, sell, or damage anything until the court has appointed a personal representative. Save copies of these messages — they help show you asked people to preserve estate property.
Document the property. Take time- and date-stamped photos and video of each room, closet, drawer, and visible safe or jewelry box. Narrate the video (e.g., “Kitchen, north wall — dishes on shelf”) so it is clear what you are recording. Keep the original files and back them up securely (cloud, external drive). If possible, have a neutral witness or neighbor present when you document.
Make an inventory list. Create a basic inventory listing high-value items (jewelry, firearms, collectibles, electronics, cash, original documents such as title/deed, safe-deposit keys). Note approximate value and location. If you’re unsure whether something is valuable, list it anyway — the personal representative or appraiser can evaluate later.
Secure vital documents and small valuables. If you can safely remove and secure original wills, deeds, vehicle titles, insurance policies, bank statements, and keys, do so and store them in a locked place or with an attorney. If removing items would create a dispute or encourage others to act, document them where they are and ask the court to preserve them instead.
Change locks only with caution. You may change exterior locks to protect the property if there is a risk of break-in or theft, but document the condition, who changed the locks, and why. If occupants (including siblings) live at the property, changing locks can create practical and legal complications. When in doubt, ask the court for an order authorizing lock changes or call law enforcement to assist.
Call local law enforcement if theft occurs or you fear immediate removal. If someone is actively removing items or breaking in, call 911 and report the conduct. Explain the property belongs to a recently deceased person and you are preserving estate assets. Get a police report number and copies of any reports; they are important evidence.
Preserve digital evidence and communications. Keep texts, emails, social media posts, and messages that relate to possession or removal of items. If someone posts photos of removed items for sale, take screenshots and preserve metadata if possible.

How to get court help before you are appointed

Only the probate court can appoint a personal representative with authority over estate property. If you believe assets will be removed or destroyed, you can ask the probate court for immediate relief as part of your probate filing:

File a petition to open probate promptly. When you file for administration and ask to be appointed personal representative, you can request that the court issue interim orders to protect estate property (for example, an order directing all interested persons to preserve assets and prohibiting removal).
Ask for emergency or temporary relief in your petition. Probate judges can issue temporary orders that prohibit anyone from removing or disposing of estate property until the court decides who is the authorized personal representative. Such an order can be enforced by contempt or coordination with law enforcement.
Request an expedited appointment if necessary. In urgent situations, the court may expedite an appointment hearing or appoint a temporary personal representative who can secure property immediately. If you ask for appointment, be ready to post any required bond and provide a proposed order for the judge.
Use civil remedies when appropriate. If someone takes items and refuses to return them, you may be able to recover them through civil replevin (a lawsuit to recover specific personal property) or by asking the probate court to enforce its orders. Criminal theft charges may also apply; law enforcement decides whether to pursue them.

Working with law enforcement and the probate clerk

Local police can respond to active thefts or break-ins and can keep a report that will help a later civil or probate proceeding. The probate clerk’s office can explain how to file for administration, show you the forms required, and provide local rules. Many Florida counties have probate forms and checklists on the clerk’s website.

When to hire an attorney

Consult a probate attorney early if: (1) family members are removing or threatening to remove property; (2) the decedent owned high-value assets; (3) multiple people claim the same items; or (4) the estate includes business interests, firearms, or unusual assets. An attorney can file a petition quickly, draft orders for the judge, and coordinate with law enforcement. If you expect litigation, get counsel before taking actions that could be disputed.

Common follow-up steps after you secure the property

File a formal or summary administration petition so the court can appoint a personal representative. Florida law provides small-estate summary procedures in certain situations; check the relevant statutes and county rules.
Obtain an inventory and appraisement as required by the court once appointed.
If items were removed, consider a replevin action or asking the probate court to order return of estate property; preserve evidence and police reports.
Keep careful records of all communications, receipts, and professional expenses related to securing the property; the estate may reimburse reasonable expenses once a personal representative is appointed.

Helpful Hints

Do not sell, give away, or destroy estate property unless the court authorizes it or it is perishable and necessary to avoid loss. Acting without court authority can expose you to liability.
Make a short, polite written request to family members to preserve items; keep copies of those messages as evidence you attempted to avoid confrontation.
Use photo and video time stamps and save originals. If you can, have a neutral witness present while you make the inventory or take photos.
Take originals of important documents (wills, deeds, titles) to a safe place and log who has possession. If you remove originals, document why and how you secured them.
Contact the probate clerk in the county where the decedent lived to learn filing procedures and local forms. The clerk’s office can often give basic guidance on paperwork (not legal advice).
If you believe imminent theft or violent confrontation is likely, call law enforcement rather than confronting someone yourself.
If you aim to be appointed personal representative, file for probate early. Acting quickly makes it easier to obtain court orders that protect the estate.
When in doubt, talk to a probate attorney about emergency relief, temporary appointment, or replevin; many attorneys will evaluate urgent situations quickly.

Disclaimer: This article explains general information about Florida probate and practical steps to secure estate property. It does not constitute legal advice. For advice tailored to your facts, consult a licensed Florida probate attorney.