Disclaimer: This article explains general Nevada law and common steps people take when sentimental personal property is taken during probate. It is not legal advice. For advice about your situation, consult a licensed Nevada attorney.

Detailed answer — how recovery normally works under Nevada law

If a close relative takes sentimental items that belonged to a deceased person while the estate is in probate, you may have several pathways to get the items back. Which path applies depends on a few facts: whether a will exists, who the personal representative (executor/administrator) is, whether the property was distributed already, who currently holds the items, and whether the taking involved force or theft.

Who controls the decedent’s property during probate?

Once a person dies, the probate court supervises the administration of the decedent’s estate. The court appoints a personal representative to collect assets, pay debts, and distribute property according to the will or Nevada intestacy law. That court supervision means family members cannot lawfully take estate assets for their own use once probate begins.

Immediate steps if sentimental items were taken

• If a personal representative already exists, tell them in writing what items are missing and who took them. The representative has the duty to collect and preserve estate assets and can ask the court to order return.
• If there is no personal representative yet, file a written report with the probate clerk outlining the missing items and, if appropriate, request the court appoint a representative or ask an interested person to petition for appointment.
• Collect proof: written communications, photos of the items, witness names, receipts, or appraisals. Do not attempt forceful retrieval.

Common legal remedies

1) Probate petition to recover estate property — If items are estate assets, you (or the personal representative) can file a motion or petition in the probate case asking the judge to order return. Probate courts routinely resolve disputes over estate property and can issue orders directing return or awarding possession.

2) Replevin (civil action to recover personal property) — Nevada law allows a civil lawsuit (replevin) to recover possession of specific personal property. Replevin asks the court to restore possession and may include damages for wrongful detention. If the estate is open, the probate court is usually the appropriate forum, but replevin in district court is another option in some circumstances.

3) Conversion or civil theft claims — If a sibling wrongfully took or kept property for their own benefit, you may bring a conversion claim seeking the item’s return or monetary value. If the action is severe, law enforcement may treat it as criminal theft; you can report suspected criminal conduct to the police, who may investigate.

4) Emergency relief — If a sibling plans to remove, sell, or destroy uniquely sentimental items, you can ask the court for emergency relief (temporary restraining order or preliminary injunction) to preserve the property while the court decides the dispute. Probate courts have authority to preserve estate assets.

Who should file and when?

If the estate has a personal representative, that person should move the court for recovery. If there’s no representative or the representative refuses to act, an heir or beneficiary with an interest can file a petition in probate court to compel return or to seek appointment of a personal representative. Act quickly. Delay can make it harder to locate items and to convince a court to intervene.

What if the items are “gifts” or were verbally promised?

Family members sometimes claim the decedent verbally gave items before death. Courts evaluate evidence: testimony, contemporaneous writing, witness statements, and context. Courts treat valid written bequests in a will as controlling. Oral promises are harder to prove but not impossible; documentation helps.

Practical outcomes

Possible court outcomes include an order returning the items, ordering monetary compensation, awarding possession to the estate, or instructing distribution per the will/intestacy. Criminal charges are separate; if the police charge a person, that does not prevent the civil/probate court from ordering return or damages.

Helpful hints — practical steps and tips

• Preserve evidence: photograph the items, record serial numbers, save messages, and list eyewitnesses.
• Write a clear demand letter to the holder and to the personal representative asking for return within a reasonable time. Keep copies of all correspondence.
• Contact the probate clerk for the case file number and to learn how to file an emergency petition in the probate court handling the estate. Nevada Courts probate self-help resources: nvcourts.gov/self_help_center/probate.
• Do not use force or threats to recover property. Avoid escalating conflict—doing so can harm your legal position and safety.
• If the personal representative will not act, consider filing a petition to remove or compel the representative, or to have the court appoint a different representative.
• Consider replevin or conversion claims if the probate court route is slow or unavailable. Check Nevada Revised Statutes and civil procedure rules via the Nevada Legislature website: leg.state.nv.us/NRS.
• Report suspected theft to law enforcement if you believe a crime occurred; the police can investigate concurrent with probate proceedings.
• Talk to an attorney early. An attorney experienced in Nevada probate and civil recovery can advise whether to file in probate court, district court, or both and can draft emergency motions if needed.
• Act promptly. The longer items remain missing or are sold/transferred, the harder recovery becomes.