Detailed answer — how recovery works in Massachusetts

This answer assumes the estate is still in probate, a personal representative has been appointed (letters testamentary or of administration exist), and an heir refuses to return specific estate assets (for example: jewelry, cash, a vehicle, or important documents). The personal representative has a legal duty to gather, protect, and distribute estate assets according to the will or intestacy rules. If an heir takes or refuses to return estate property, the personal representative and, in some circumstances, the beneficiaries can ask the Probate & Family Court to order return of the property and to remedy any loss.

Key legal authorities and where to start

• Massachusetts probate law governing administration and powers of a personal representative is codified in Chapter 190B of the Massachusetts General Laws. See Chapter 190B (Mass. Gen. Laws ch. 190B) for the probate code: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B.
• The Probate & Family Court handles petitions about estate property, accounting, turnover, surcharge, and removal of a personal representative. For local rules, filing locations, and forms, see the Massachusetts Probate & Family Court pages: https://www.mass.gov/orgs/probate-and-family-court and forms: https://www.mass.gov/orgs/probate-and-family-court/forms.

Practical step-by-step: what to do immediately

1. Confirm who holds legal authority. Check whether a personal representative has been appointed and whether that person is you or someone else. The personal representative controls estate collection and distribution while probate is open.
2. Document the missing property and communications. Create a detailed inventory (date, description, estimated value, where it was kept) and save any messages, emails, or witness statements showing the heir took or refused to return the item.
3. Send a written demand (preferably certified mail) to the heir. Explain the property belongs to the estate, cite your authority as personal representative (if applicable), and ask for return by a specific date. Keep a copy of the letter and proof of delivery.
4. If the heir refuses, file a probate petition to compel turnover. The Probate & Family Court can order the heir to return estate property. The common petitions include a Petition for Instruction, Petition for Accounting and Order of Distribution, or a Petition for Turnover depending on the circumstances. See court forms and local instructions at the Probate & Family Court website above.
5. Consider asking the court for interim relief. If the asset is at risk of dissipation, theft, or destruction, the court can sometimes issue a temporary order or other protective relief to preserve the asset while the case proceeds.
6. If the heir is the personal representative and is withholding assets, consider filing for surcharge or removal. The court can surcharge (financially penalize) a personal representative who misappropriates estate property and can remove that personal representative from their role.
7. If necessary, pursue a civil action for conversion or replevin. If the probate route is not a quick solution or the personal representative is not taking action, beneficiaries or the estate (through the personal representative) can file a civil claim in the appropriate court to recover specific property or damages for conversion.

What the Probate & Family Court can do

The Probate Court has authority to:

• Order turnover of estate property to the personal representative;
• Require a personal representative to render an accounting of estate property and transactions;
• Surcharge a personal representative who misapplies estate assets and remove them from office if appropriate;
• Order recovery of property or award money damages to the estate when appropriate.

Start by reviewing forms and filing instructions at the Probate & Family Court site: https://www.mass.gov/orgs/probate-and-family-court/forms.

Examples (hypothetical)

Example 1: A decedent leaves a gold watch in a dresser. An adult child removes the watch after the funeral and refuses to return it when asked. The personal representative sends a written demand. The child refuses. The personal representative files a petition in Probate & Family Court requesting an order to recover the watch and an accounting for any other missing items. The court orders the heir to return the watch and may assess costs against the heir.

Example 2: A beneficiary is also serving as the personal representative but sells estate furniture to a friend and keeps the proceeds. Other beneficiaries petition the court to remove the personal representative, surcharge them for the missing proceeds, and order recovery. The court can appoint a successor personal representative if removal is appropriate.

Timing and statute of limitations

Act promptly. Some causes of action (civil claims for conversion, replevin, or claims against a personal representative) have time limits. Waiting may reduce your remedies and make evidence harder to obtain. Consult a probate attorney quickly about timing specifics for your situation.

When to hire an attorney

Hire a probate attorney if:

• The heir persists in refusing to return property;
• The missing items are high value or essential estate assets;
• The personal representative is the one withholding property; or
• Competing claims or family conflict threaten the estate administration.

An attorney can prepare and file the proper petition, gather evidence, and represent you at hearings.

Helpful Hints

• Keep a contemporaneous inventory of all estate assets, including photos and serial numbers for high-value items.
• Use written demands (certified mail) so you have proof the heir received notice.
• Preserve electronic evidence: texts, emails, social media posts, and surveillance footage.
• Document chain of custody: who had access to items and when.
• If you are the personal representative, act impartially and keep beneficiaries informed; the court expects transparency and proper accounting.
• File motions in probate court rather than trying to recover property by self-help — self-help can create legal risks.
• If property is sold to a third party, note the buyer’s identity — you may have a claim against them if they knew the item was estate property.
• Check local Probate & Family Court rules and forms before filing; many courts require specific petitions and fee statements.