Short answer

Yes — you can often obtain the return of sentimental items taken by a sibling during probate, but the method depends on whether the decedent left a will, who holds legal control of the estate (the personal representative/executor), and whether the sibling is refusing to comply with court orders. You will usually resolve this through the probate court (by asking the personal representative to inventory and deliver specific items, or by filing a motion for turnover) or through a civil action (replevin or conversion) if necessary.

Detailed answer — what to know and the steps to take

1. Identify the legal status of the property

First, determine whether the items are part of the deceased person’s estate or whether the sibling claims they already owned the items. Common outcomes:

• If a will specifically gives the items to a named person, those items are specific bequests and should be delivered to the named beneficiary during probate.
• If the will leaves the estate generally or the items are not mentioned, they become part of the residuary estate to be distributed by the personal representative according to the will or Nebraska intestacy rules if there is no will.
• If someone other than the decedent had clear prior ownership (title, receipts, or a signed transfer), the item may not be estate property at all.

2. Check the probate file and contact the personal representative

Look at the probate filings (petition, inventory, notices) and the will (if any). The personal representative (executor/administrator) has a duty to marshal and distribute estate assets lawfully. Ask that person, in writing, to locate and return the sentimental item. If the item is a specific bequest in the will, the representative must deliver it to the named beneficiary when appropriate.

3. Demand return in writing and preserve evidence

Send a dated written demand to your sibling and the personal representative. Keep copies of the will, inventory, photographs of the objects, communications (texts, emails), and any witnesses. Evidence showing the item belonged to the decedent or was intended for you will improve your chances in court.

4. Use the probate court first when possible

Because the probate court controls distribution of estate assets, the usual route is a probate motion. Possible probate remedies include:

• Motion to compel turnover: ask the court to order the sibling to return estate property to the personal representative for distribution.
• Motion to enforce distribution of a specific bequest: if the will gives you the item, ask for an order directing delivery to you.
• Request for contempt: if the court previously ordered return and the sibling disobeys, the court can hold that person in contempt and impose sanctions.

See Nebraska’s probate statutes generally at the Nebraska Legislature site: Neb. Rev. Stat. Chapter 30 (Probate).

5. Civil claims if probate remedies are impractical or too slow

If the item is not clearly part of estate administration, or if you need a faster remedy (for example, if the estate proceedings are delayed), consider civil actions such as:

• Replevin (recovery of specific personal property) — ask the civil court to return the item to you.
• Conversion or other tort claims — ask for damages if the item cannot be returned or was destroyed.
• Temporary injunctive relief — to preserve the item while the dispute is resolved.

Find Nebraska civil procedure statutes here: Neb. Rev. Stat. Chapter 25 (Civil Procedure).

6. Special problems when a sibling is the personal representative

If your sibling is the personal representative and also refuses to turn over items, you can:

• File a motion in probate court to compel the representative to perform duties and turn over the property.
• Request removal of the personal representative for breach of duty if they misappropriate estate assets.
• Pursue a civil action against the representative for breach of fiduciary duty or conversion if appropriate.

7. Timing and practical considerations

Act promptly. Estate cases have schedules: inventories, creditor notice periods, and distribution steps. Delays can make recovery harder. At the same time, aggressive actions can raise family tensions; mediation or settlement talks can sometimes get items returned quickly and without litigation.

8. Possible defenses your sibling may assert

Your sibling might claim they were given the item before death, that the decedent gifted it, that they own it independently, or that the item was not part of estate assets. The strength of those defenses depends on documentary and witness evidence.

9. Typical court outcomes

Courts will order return if the item is clearly estate property and a rightful beneficiary exists. If ownership is unclear, the court weighs evidence. If the item is unique and sentimental, courts still treat it as property but may prioritize delivery to the legatee named in the will or the lawful owner.

10. Cost-benefit and alternatives

Litigation can be costly. Evaluate the sentimental value versus legal expense. Alternatives include mediated family agreements, exchanging other property, or temporary access for appraisal. Keep open lines of communication when possible.

Helpful Hints

• Start by reviewing the will and the probate clerk’s file so you know what has been admitted and what the inventory lists.
• Send a clear, dated, written demand to both the sibling and the personal representative; keep copies.
• Document ownership: photographs, receipts, appraisals, family letters, and witness statements help establish that an item belonged to the decedent or should go to you.
• Use probate remedies first if the item is clearly estate property — the probate court controls distribution and can enforce orders.
• If probate is stalled or the sibling is outside the court’s reach, consider replevin or conversion claims in civil court for a faster remedy.
• If the sibling is the personal representative and misuses estate property, ask the probate court to compel performance or remove them from that role.
• Consider a limited, short-term restraint (injunction) if you fear the item will be hidden, sold, or destroyed.
• Keep communications calm and professional; preserve evidence of all interactions in case you must make a legal claim.
• Consult a Nebraska probate or civil attorney early for strategy: they can draft motions, prepare replevin papers, or negotiate a resolution.