Detailed Answer

Short answer: Possibly — but how you proceed depends on whether the items are part of the probate estate, whether a will or other writing assigned them, whether the personal representative has control of estate property, and whether the sibling lawfully took them. In Maine, the probate court and civil courts can order return of specific personal property (through probate turnover orders or civil actions such as replevin or conversion claims). You should preserve evidence, ask the personal representative to act, and if necessary ask the probate court or a civil court to force return.

How probate in Maine affects possession

When someone dies, their property either passes through probate or outside probate. Probate property is everything owned solely by the decedent at death that must be collected, inventoried, paid for debts, and distributed to heirs or beneficiaries under Maine’s probate statutes (see Maine statutes, Title 18‑B). The personal representative (executor or administrator) has a duty to gather the estate’s assets and distribute them according to the will or law. If a sibling removed items that are probate assets, the personal representative and the probate court have authority to recover and distribute them.

Not all items are probate property. Examples of property that often pass outside probate include assets held in joint tenancy, accounts with beneficiary designations, some transfer-on-death assets, or items transferred by deed or contract before death. If the sentimental item was gifted before death or owned jointly, a sibling may legally keep it.

When you can demand return

• If the decedent’s will specifically left the sentimental item to you, the personal representative must deliver that item to you when distributing the estate. If the executor fails to do so, you can ask the probate court to compel distribution.
• If the item is part of the estate and the sibling removed it without authorization, you can ask the personal representative to recover it and, if they won’t, petition the probate court for relief.
• If the personal representative has been properly appointed and has legal control of the decedent’s property, anyone who took estate property after death may be required to return it to the estate or face civil claims.

Practical legal tools available in Maine

Common remedies include:

• Informal demand: A written demand to the sibling and to the personal representative asking for return and explaining the item’s status under the will or law.
• Probate petition: Ask the probate court to order the personal representative to recover or to order turnover of estate property if the executor is not acting. The Maine probate court oversees administration of probate estates (see the Maine Judicial Branch probate court information: https://www.courts.maine.gov/maine_courts/probate/index.html).
• Civil action for recovery of specific property (replevin) or damages for conversion: If the item is wrongfully withheld, you may sue in civil court to recover possession or monetary damages.
• Emergency relief: For high‑value or unique sentimental items at risk of being sold or destroyed, courts can sometimes grant temporary injunctive relief to preserve status quo while the dispute is decided.

What you’ll need to prove

• Ownership or right to possession: Documents, photos, witness statements, appraisals, a copy of the will, or receipts showing the decedent owned the item and intended it for you (if a will named you or describes the item).
• Evidence of wrongful taking: When and how the sibling took the item, whether they admitted keeping it, and whether they received permission.
• Proof the item is part of the probate estate: Inventory or accounting by the personal representative, or lack of evidence showing the item passed outside probate.

Steps to take now

1. Document everything. Record dates, communications, photos, and any witnesses about the item and its removal.
2. Contact the personal representative. Request a written inventory and ask them to recover the item if it is estate property.
3. Send a clear written demand to the sibling requesting return. Keep a copy and proof of delivery.
4. If the personal representative refuses or the sibling refuses, consult the probate court for instructions on filing a petition for turnover or contact a civil court clerk about replevin/ conversion actions.
5. Consider mediation or family settlement discussions before filing litigation; those options can be faster and less expensive.

Costs, timing, and risks

Litigation can be costly and slow. If the item is sentimental but low monetary value, weigh the emotional benefit of recovery against legal costs. If the item is unique or irreplaceable, courts often favor ordering return of the specific item rather than monetary damages.

Where to find the Maine statutes and court resources

General Maine probate law is located in the Maine Revised Statutes, Title 18‑B (Maine Probate Code). You can read the statutes and find related provisions at the Maine Legislature’s statutes page: https://legislature.maine.gov/statutes/. For practical probate procedures and court contact information, see the Maine Judicial Branch probate page: https://www.courts.maine.gov/maine_courts/probate/index.html.

When to talk to an attorney

If your written requests are ignored, the item is valuable or unique, or family conflict is high, speak with a Maine attorney who handles probate and property disputes. An attorney can evaluate whether to file a probate petition, replevin, or other civil action and can draft the proper documents and court motions.

Disclaimer

This information is for general education only and is not legal advice. It does not create an attorney‑client relationship. For advice about a specific situation in Maine, consult a licensed Maine attorney.

Helpful Hints

• Keep written records of every contact with the personal representative and the sibling.
• Ask the probate clerk what local forms or procedures the court uses for turnover or emergency motions.
• Photograph the item and any identifying marks before attempting recovery or shipping it.
• If the will names you as the recipient of an item, print the relevant clause and present it to the personal representative and the probate court if needed.
• Try a polite, documented family meeting or mediated session first — courts discourage unnecessary litigation among heirs.
• Preserve witnesses: friends or neighbors who saw the item in the decedent’s home or who heard statements about the item’s intended recipient.
• Ask whether the item passed outside probate (joint ownership, beneficiary designation, or prior gift); if so, probate remedies may not apply.