Detailed Answer

Disclaimer: This article explains general New York law and is for educational purposes only. It is not legal advice. If you need legal help, consult a licensed New York attorney about your specific situation.

If a sibling is holding sentimental items that you believe belong to an estate or were promised to you, you have options under New York law — but the right path depends on facts: whether there is a will, whether the item was gifted before death, and who is acting as the estate’s personal representative (executor or administrator).

Who controls estate property during probate?

Once someone dies, the executor named in the will (or an administrator appointed by Surrogate’s Court if there is no valid will) has legal authority to collect, protect, and distribute the decedent’s property according to the will or, if intestate, under New York’s intestacy rules. These duties and the court’s oversight are governed by New York’s Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers & Trusts Law (EPTL). See SCPA: https://www.nysenate.gov/legislation/laws/SCPA and EPTL: https://www.nysenate.gov/legislation/laws/EPTL.

Common fact patterns and the likely legal outcome

• Item was a clear inter vivos gift: If the decedent gave the item to your sibling before death and intended the gift to be complete, the sibling owns it. A court will generally not force return of a valid gift.
• Item is part of the decedent’s estate and not yet distributed: The executor/administrator must gather estate property. If your sibling has taken or refuses to return estate property, the executor should seek recovery. If the executor fails to act, an interested heir can ask the Surrogate’s Court to compel turnover.
• Item is specifically bequeathed in a will: A specific devise or bequest should be honored. If the will gives a particular necklace to you but your sibling has it, the executor should deliver it. If they won’t, court remedies are available.
• No will (intestate): The estate’s personal representative distributes property following EPTL intestacy rules. Until distribution, heirs do not have unilateral rights to take estate items.

Practical legal remedies in New York

Here are the typical legal paths to force return or preserve items:

1. Ask the executor or administrator to act. The estate’s representative has the primary duty to collect and preserve assets and to seek recovery of wrongful takings.
2. Demand letter and documentation. Have the executor or an attorney send a written demand for return. Document provenance (photos, testimony, receipts) showing the item’s connection to the decedent or to a specific bequest.
3. Turnover or accounting petition in Surrogate’s Court. An heir or beneficiary can petition the Surrogate’s Court to compel the personal representative to locate and recover estate property and to deliver items required by the will or intestacy. The Surrogate’s Court supervises administration of estates — see Surrogate Court information: https://www.nycourts.gov/courts/surrogates/.
4. Civil action to recover property (replevin or conversion). New York law allows an action for recovery of wrongly withheld personal property (often called replevin or an action for conversion) in Supreme Court. The Civil Practice Law & Rules (CPLR) governs civil procedure for such actions; see CPLR: https://www.nysenate.gov/legislation/laws/CPLR. A replevin action can sometimes obtain immediate return or a court-ordered turnover when the claimant proves rightful ownership or superior claim.
5. Temporary relief to preserve items. If there is risk the items will be sold, hidden, or destroyed, you can ask a court for temporary injunctive relief or a temporary restraining order to freeze or secure the items while the merits are litigated. This is an urgent matter — early action helps.

Evidence you will need

Courts focus on proof. Helpful evidence includes:

• Photos showing the item with the decedent;
• Receipts, appraisals, or insurance records;
• Testimony or affidavits from witnesses who saw the item in the decedent’s possession;
• A copy of the will specifying the item (if any) or other written statements (letters, notes) from the decedent indicating intent;
• Communications showing the sibling took or kept the item after death.

When return may be difficult

Recovery is harder if your sibling can show a valid inter vivos gift, if significant time has passed and they acquired good-faith possession, or if the item has been sold to a good-faith purchaser. Statutes of limitations and practical difficulties (untraceable items, worn or altered objects) can affect recovery options.

Next steps to consider now

• Contact the estate’s executor/administrator and request return in writing.
• Collect and preserve all evidence of ownership and communications.
• If the executor refuses or is inactive, consult a New York probate attorney about filing a petition in Surrogate’s Court or a replevin/conversion action.
• Act quickly if you fear the item will be sold or destroyed — courts can provide emergency relief.

Where to get help

For court procedures, forms, and local Surrogate’s Court rules, use the New York State Unified Court System Surrogate’s Courts page: https://www.nycourts.gov/courts/surrogates/. For specific legal advice on whether you have a strong claim and which remedy to pursue, consult a licensed New York attorney experienced in probate and civil recovery actions.

Helpful Hints

• Do not try to take items by force — that can create criminal or civil problems for you.
• Get the executor involved first; they have the primary duty to secure estate assets.
• Preserve evidence: photos, receipts, appraisals, and witness statements help your case.
• Ask your attorney about a temporary court order if the item is at risk of being sold or destroyed.
• Consider mediation or a negotiated return if relationships and facts make litigation risky or costly.
• Keep written records of all communications about the items and the estate.