Detailed Answer — what matters under Massachusetts law

1. Who owns the items right now?

The single most important question is ownership. Sentimental items may be:

• specifically left to someone in the decedent’s will;
• jointly owned (for example, titled jointly or given as a present to both people in the past);
• given during the decedent’s lifetime (a valid inter vivos gift); or
• part of the decedent’s probate estate (property the decedent owned outright at death).

If an item was a valid gift while the decedent was alive or owned jointly with survivor rights, it is not part of the probate estate. If the item belonged to the estate, the personal representative (executor/administrator) controls distribution under Massachusetts probate law.

2. If there is a will

If the will specifically bequeaths an object to you, the personal representative must ordinarily deliver that specific bequest when they distribute the estate. The will and the duties of the personal representative are governed by Massachusetts probate law (see Chapter 190B of the Massachusetts General Laws, the state’s probate code): M.G.L. c.190B. If the personal representative refuses to follow the will, you can file a petition in Probate and Family Court asking the judge to compel distribution or remove the personal representative for failing to perform duties.

3. If there is no will (intestacy)

When there is no will, Massachusetts intestacy rules determine who inherits. Siblings may or may not be entitled to particular items under those rules. The personal representative is still the proper actor to distribute estate property; you can petition the court for a determination or distribution under the probate statutes cited above.

4. If your sibling already removed items

If a sibling removed items without authority, options include:

• asking the personal representative to demand return and to include the items in the estate inventory and accounting;
• filing a petition in Probate and Family Court asking for turnover of specific tangible personal property or emergency relief (for example, if the property is being concealed or destroyed);
• bringing a civil claim for conversion or replevin in the appropriate court to recover possession of the items; and
• if the taking appears criminal (theft), contacting local law enforcement or the district attorney’s office to report the theft — criminal remedies sometimes run alongside probate remedies.

5. Practical procedural steps in Probate Court

Typical probate remedies include:

• requesting the probate court compel the personal representative to include the items on the estate inventory and to distribute them according to the will or law;
• filing an emergency motion for interim possession if the items are at risk of being destroyed or hidden (courts may grant temporary orders to preserve estate property);
• asking the court for an accounting or asking that the personal representative be removed or surcharged if they mismanage or improperly fail to collect estate property.

Massachusetts Probate and Family Court handles these petitions. See general information about probate court services on the state site: Massachusetts Probate and Family Court.

6. Evidence and proof you will need

Courts require proof. Gather and preserve:

• photos of the items;
• appraisals or documentation showing value or provenance;
• written communications (texts, emails) showing who owned or used the items; and
• witness statements from people who can confirm ownership or that an item was gifted.

7. Time limits and urgency

Probate actions have procedural timelines. If your sibling may sell or destroy items, act quickly. Emergency motions to preserve property are possible but require prompt court filings and persuasive evidence of imminent risk.

8. When civil or criminal court is appropriate

If the probate route is slow or the personal representative won’t act, you can pursue a civil replevin or conversion claim in a district or superior court to recover possession. If the conduct appears criminal (intentional theft), contact law enforcement to discuss a criminal complaint. Criminal cases are handled separately from probate and have different standards and remedies.

9. Costs and practical considerations

Litigation can be expensive and emotional. Courts will sometimes encourage mediation or settlement. If the sentimental value far exceeds the monetary value, discuss alternatives: joint agreements, temporary custody, or documented loans of items to prevent loss while probate proceeds.

10. Where to get help

For legal advice tailored to your facts, consult an attorney experienced in Massachusetts probate and estate litigation. If you cannot afford a lawyer, look for local legal aid or probate self-help resources through the Probate and Family Court: https://www.mass.gov/orgs/probate-and-family-court.

Important statute reference: Massachusetts’ probate rules and a majority of estate law issues are governed by the Massachusetts Uniform Probate Code, Chapter 190B of the Massachusetts General Laws: M.G.L. c.190B. For general historic rules about executors and administrators, see Chapter 190: M.G.L. c.190.

Helpful Hints

• Document everything: take dated photos, keep texts/emails, and write notes about who handled or moved items.
• Ask the personal representative in writing (email or certified letter) to inventory and retain the items pending court decision.
• Don’t attempt self-help repossession or threats — doing so can create legal exposure for you.
• If an item was a clear gift before death (a signed receipt, witness or delivery), prioritize evidence of that gift.
• Consider a temporary request to the probate court if items are at risk of loss or destruction.
• Talk to a probate attorney early — many offer brief consultations to evaluate whether a petition for turnover or a civil replevin action makes sense.
• If emotions run high, propose neutral third-party custody (a lawyer’s office, storage facility, or mediator) while the legal process proceeds.