The Short Answer

In Florida, “formally” recovering a deceased person’s personal property usually means opening a probate case so the court can authorize someone (a personal representative) to collect, safeguard, and distribute the property to the right people. Depending on the size and makeup of the estate, you may be able to use a simplified probate process instead of full formal administration, but you still typically need a court order or court-issued authority to compel release of property.

What Florida Law Says

Florida probate law provides different pathways to transfer a decedent’s personal property, and the “right” approach depends on factors like the value of probate assets, how long it has been since death, whether there is a will, and whether creditors must be addressed. In many situations, the key legal issue is getting a court order that third parties (like a family member holding items, a storage facility, or a financial institution) can rely on to release the property without liability.

If the estate qualifies, Florida allows summary administration, where the court can enter an order allowing immediate distribution to the people entitled to the assets. That order can be used to require delivery/transfer of property being held by others.

The Statute

The primary law governing this issue is Fla. Stat. § 735.206.

This statute establishes that, in summary administration, the court’s order can authorize distribution and allows those entitled to receive, collect, and have assets transferred to them—and it protects third parties who comply with the order by delivering or transferring the property to the recipients named in the order.

For very small estates consisting only of certain categories of personal property, Florida may allow a court authorization to transfer personal property without opening a full administration. See Fla. Stat. § 735.301.

For more background on the fiduciary’s role, see our related article: What Are an Executor’s (Personal Representative’s) Responsibilities During Probate in Florida?.

Why You Should Speak with an Attorney

While the statutes provide the general framework, applying them to your situation is rarely simple—especially when someone is refusing to turn over items, there are competing family claims, or it’s unclear whether property is part of the probate estate. Legal outcomes often depend on:

• Strict Deadlines: Summary administration eligibility and creditor exposure can change based on timing (including the “more than 2 years since death” concept reflected in Florida’s summary administration rules and creditor limitations).
• Burden of Proof: You may need evidence showing the property belonged to the decedent, that it is a probate asset (not a non-probate transfer), and that you are the person legally entitled to receive it.
• Exceptions: Disputes over exempt property, jointly owned items, gifts made before death, or property held in a trust can completely change what probate can (and cannot) recover.

Trying to handle this alone can lead to delays, rejected filings, or an order that is too vague to force a third party to release the property. An attorney can evaluate which probate track fits your facts and pursue court authority that actually works in the real world.

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.

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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.