{"id":3877,"date":"2026-10-24T03:37:36","date_gmt":"2026-10-24T03:37:36","guid":{"rendered":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/recover-property-taken-before-probate-florida\/"},"modified":"2026-10-27T14:37:01","modified_gmt":"2026-10-27T14:37:01","slug":"recover-property-taken-before-probate-florida","status":"publish","type":"page","link":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/recover-property-taken-before-probate-florida\/","title":{"rendered":"Coral Gables Probate Litigation: Relative Took Property"},"content":{"rendered":"\n
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Probate Litigation | Coral Gables, Florida<\/p>

A Relative Took Property? Get Clear Answers From a Coral Gables Probate Litigation Attorney<\/h1>

Trust Counsel, PL focuses on probate and trust litigation for heirs, beneficiaries and fiduciaries. Your free first consultation is confidential and comes with no obligation to continue.<\/p>

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By Leslie V. Marenco \u00b7 Published October 23, 2026<\/p>\n\n

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If a family member took property before probate Florida courts ever opened an estate, the heirs and beneficiaries left behind still have options. A relative who removes jewelry, cash, vehicles or account funds may be asked to return them, and a court can be asked to step in. This page explains what counts as property taken before probate, which civil claims may apply, what evidence to keep now and the steps that usually follow.<\/p>\n

What Counts as Property Taken Before Probate in Florida<\/h2>\n

Property taken before probate is anything a relative removed after the death but before a court opened the estate. Common examples include jewelry, cash, vehicles, furniture and household contents, bank and investment accounts, and personal papers. List each item and note where it came from, because a home and an account raise different questions.<\/p>\n

Next of kin and beneficiaries are not always the same people. When there is no will, Fla. Stat. \u00a7 732.103<\/a> provides that the part of the intestate estate not passing to the surviving spouse under s. 732.102, or the entire intestate estate if there is no surviving spouse, descends first to the decedent’s descendants. If there are none, it goes to the decedent’s father and mother, and then to brothers and sisters and their descendants (\u00a7 732.103<\/a>).<\/p>\n

A beneficiary is different. Florida defines a beneficiary as an heir at law in an intestate estate or a devisee in a testate estate (\u00a7 731.201<\/a>). A devisee is a person designated in a will or trust to receive a devise. A sibling can be next of kin and still receive nothing under a will that names someone else. That difference changes which steps are open to each person.<\/p>\n

Some assets pass outside probate, such as joint accounts, payable-on-death accounts and accounts with named beneficiaries. Removing those funds can still raise a claim. The key questions are who owned the money and how the account was set up.<\/p>\n\n

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Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.<\/p>

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Civil Claims That May Apply to Property a Relative Took<\/h2>\n

Heirs and beneficiaries may have civil claims when a relative takes property that belongs to an estate or to another heir. The right claim depends on the facts of each case.<\/p>\n