Detailed answer — What to do if a sibling has taken sentimental items during probate (New Hampshire)
When a loved one dies, family disputes over personal items are common. In New Hampshire, whether you can force a sibling to return sentimental items depends on several facts: who owned the items before death, whether the items are part of the decedent’s estate, whether an executor or personal representative (PR) has been appointed, and whether a court order already governs possession.
Who legally owns the items?
Start by determining ownership. If the decedent owned the items (they were in the decedent’s home and were not titled or otherwise transferred before death), those items are likely estate property. If the decedent gave the item to the sibling before death, or if the sibling can show legal title or a documented gift, the sibling may have the right to keep it.
Role of the personal representative and probate court
Once someone is appointed as the estate’s personal representative by the Probate Court, that person has a legal duty to collect, protect, and distribute estate assets according to the will or New Hampshire intestacy law. If your sibling took items that are estate property before distribution, the PR can demand their return and seek court enforcement through the probate court. For general information on how the New Hampshire probate court handles estates and the PR’s duties, see the New Hampshire Judicial Branch probate information: https://www.courts.state.nh.us/courtserv/probate/index.htm
Common legal routes to recover items
- Ask the personal representative to act. If there is an appointed PR, the PR should inventory the decedent’s personal property and protect it pending distribution. Ask the PR to include the items in the estate inventory and to demand return.
- Probate court petition. If the PR refuses to act or no PR is appointed, a person with standing (heirs or beneficiaries) can ask the probate court to intervene — for example, by filing a petition to compel turnover of estate property or to appoint a PR. The probate court has authority to protect estate assets and to order their return to the estate.
- Civil action: replevin or conversion. If the items are clearly owned by the estate or by you (not the sibling), you can pursue a civil lawsuit to recover possession (replevin) or seek damages for conversion. These actions typically proceed in Superior Court or in the appropriate civil court based on the value at stake.
- Criminal complaint. If the item was taken unlawfully and evidence suggests theft, you can contact local law enforcement to report the taking. Criminal remedies are separate from probate and civil claims but may support your position.
Evidence and practical steps
Take these steps in sequence to preserve your rights:
- Document what was taken: take photos, write detailed descriptions, and note dates and witnesses.
- Gather proof of ownership or the decedent’s intent: letters, photographs showing the item with the decedent, appraisals, or estate inventories.
- Contact the executor/PR in writing. Request a return and ask that the item be included in the estate inventory.
- If the PR does not act, contact the probate court clerk for guidance on filing a petition to compel turnover or to request appointment of a PR (see NH Probate information: https://www.courts.state.nh.us/courtserv/probate/index.htm).
- If informal steps fail, consult an attorney to evaluate a civil replevin or conversion claim, or to prepare a petition in probate court.
Timing and practical realities
Probate courts move on their own schedule. Urgent action matters when items are at risk of being hidden, sold, or destroyed. Filing a petition in probate or a civil replevin suit can secure the items more quickly. Keep in mind litigation can be time-consuming and costly; small, sentimental items sometimes present a tough cost–benefit decision. If the item’s monetary value is low but sentimental value is high, an attorney can advise on efficient remedies (for example, temporary orders, mediation, or an expedited hearing).
When an item was specifically bequeathed
If the decedent’s valid will gives the item to you, the executor must deliver it to you as part of the distribution. If the sibling refuses, you can ask the probate court to enforce the will and order the item returned.
Helpful state resources
- New Hampshire Judicial Branch — Probate information and forms: https://www.courts.state.nh.us/courtserv/probate/index.htm
- New Hampshire Revised Statutes (general access to state law): https://www.gencourt.state.nh.us/rsa/html/
Bottom line: Yes — you can often force the return of sentimental items taken by a sibling during probate, but the correct route depends on ownership, whether a personal representative exists, and whether a will directs distribution. Common remedies include asking the PR to act, filing a probate petition to compel turnover, or bringing a civil action (replevin or conversion). Each case turns on its facts — documentation, witnesses, and the timing of the taking all matter.
Disclaimer: I am not a lawyer. This article is for general information only and does not constitute legal advice. For advice specific to your situation in New Hampshire, consult a licensed New Hampshire attorney or contact the probate court.