Detailed answer — how to proceed under Nebraska law

When an estate is still open, estate property remains part of the estate until the personal representative collects, protects, and distributes assets according to the will (or the law if there is no will). The personal representative has a duty to collect estate property and keep accurate records. If an heir or another person refuses to return estate property, the personal representative has several remedies through the Nebraska probate court and civil courts.

1) Confirm ownership and the estate’s interest

First, confirm that the property is estate property (owned by the decedent at death or held for the decedent). Look for title, registration, receipts, photographs, witness statements, or inventory entries made to the probate file. If the property was given to the heir before death (a valid gift), the heir may have a defense.

2) Make a written demand and document communication

Send a clear written demand that identifies the property, states that it belongs to the estate, and requests return by a specific date. Keep proof of delivery (certified mail, email read receipts, or a process server). Preserve text messages, emails, photos, and any witness statements showing the item’s location and the refusal.

3) Use the probate court tools

The probate court oversees administration of the estate in Nebraska and can order turnover of estate property. The personal representative may file one or more of the following in the probate case:

• Petition or motion to compel turnover of estate property and for an order directing the person to deliver the property to the personal representative;
• Motion for an accounting if an heir or fiduciary is holding estate assets and will not explain or return them;
• Motion to remove or surcharge a personal representative or fiduciary who misappropriated property or otherwise breached fiduciary duties.

These probate remedies are authorized by Nebraska estate and probate law. See Nebraska’s probate statutes (Chapter 30) for the court’s powers and the personal representative’s duties: Neb. Rev. Stat., Chapter 30 (Probate). For practical probate forms and local procedures, check the Nebraska Judicial Branch probate pages: Nebraska Judicial Branch — Probate Forms.

4) Civil actions: replevin and conversion

If the person refuses to return the item, the personal representative can also file a civil action to get possession (replevin) or seek damages for wrongful withholding (conversion). Replevin asks the court to order immediate return of specific property; conversion seeks money for the value of the property if return isn’t practical. These civil actions can be pursued in district court alongside or instead of probate motions depending on the circumstances.

5) Contempt and enforcement

If the probate court orders turnover and the person disobeys, the court can use enforcement remedies, including contempt, monetary sanctions, or appointment of a receiver to seize and protect assets. Prompt court action makes enforcement easier and more effective.

6) Criminal options (limited)

In rare cases, where a person knowingly and intentionally stole estate property, law enforcement or the county attorney may investigate criminal theft. Criminal remedies run separate from probate and civil claims and have different standards and priorities.

7) Timing and interim protection

Move quickly. The longer an item remains outside the estate’s control, the harder recovery can be. If the item is at risk (being sold, damaged, or concealed), ask the court for temporary relief — for example, a temporary order to preserve or seize the property while the court decides the underlying claim.

8) Costs and attorney fees

Recovering estate property can create expense. In some circumstances, Nebraska law or the probate court may allow the estate to pay reasonable costs and attorney fees incurred to recover estate assets. Preserving detailed billing and cost records is important when seeking reimbursement from the estate.

9) When to get an attorney

Hire a probate attorney when: disputes are contested, the property is valuable, the heir refuses written demands, the heir is a fiduciary or former personal representative, or you anticipate court enforcement. An attorney can prepare pleadings, represent you at hearings, and advise on whether a civil replevin action or a probate turnover petition is the most effective path.

10) Practical example (hypothetical)

Hypothetical facts: The decedent owned a classic car listed on the estate inventory. An adult child took the car to his garage after death and refuses to return it. Steps the personal representative should take:

1. Confirm car title or registration showing the decedent owned it at death and include it in the estate inventory.
2. Send a certified-demand letter with a clear deadline to return the car.
3. If refused, file a motion in the probate case asking the court to order turnover of the vehicle and request temporary relief to prevent sale or disposal.
4. If the court orders return and the person disobeys, ask for contempt or appointment of a sheriff to recover the vehicle.
5. If needed, file a replevin action in district court for immediate possession.

Relevant Nebraska resources

• Nebraska statutes on probate (general): Neb. Rev. Stat., Chapter 30 (Probate)
• Nebraska Judicial Branch — probate forms and procedures: https://supremecourt.nebraska.gov/courts/district-court/probate-forms

Bottom line: If an heir refuses to return estate property while the estate is open, document ownership, send a written demand, and promptly use probate-court remedies (turnover, accounting, removal) or civil actions (replevin or conversion). Court orders are enforceable; don’t rely on informal arrangements for valuable or at-risk assets. Consult a Nebraska probate attorney for contested cases.

Disclaimer: This information is educational only and does not create an attorney-client relationship. It is not legal advice. For advice about a specific situation, consult a licensed Nebraska attorney.

Helpful Hints

• Act quickly — preserve evidence, location, and condition of the property.
• Keep all communications in writing where possible and save receipts and delivery proof.
• Include a clear description (VIN, serial number, photos) in any demand letter.
• File motions in the probate case where the estate is pending before filing separate civil suits unless advised otherwise by counsel.
• If the item is sold or concealed, tell your attorney immediately — ask the court for emergency relief.
• Keep the probate court informed — the court can issue orders that third parties (banks, buyers, law enforcement) will respect.
• If the person holding the property is the personal representative, consider immediate petition for removal or surcharge for breach of fiduciary duty.
• Estimate recovery costs and weigh them against the value of the item before pursuing a lengthy dispute.