Detailed answer — how to confirm the executor correctly calculated your share under Massachusetts law

Short summary: To confirm whether the personal representative (executor) correctly calculated your percentage share from the sale of a sibling’s house in Massachusetts, get the appointment papers and a complete accounting from the estate, inspect the sale and closing documents, verify deductions (mortgage payoff, liens, commissions, repairs, administrative expenses, taxes), and recompute your share. If the executor won’t cooperate or the accounting looks wrong, you can ask the Probate and Family Court to compel an account or resolve disputes.

Step 1 — Identify how the estate is to be divided

First determine whether the decedent left a valid will or died intestate (without a will). If there is a valid will, the will controls the percentage or share you are due. If the decedent died without a will, Massachusetts intestacy law governs distributions. Massachusetts probate law and intestacy rules are found in Chapter 190B of the Massachusetts General Laws (probate code): M.G.L. c. 190B. The Probate and Family Court can confirm whether the will admitted to probate is the controlling document: see the court’s resources at Massachusetts Probate and Family Court.

Step 2 — Obtain the executor’s appointment and basic estate filings

• Ask for a copy of the court order (Letters Testamentary or Letters of Administration) showing the person is the court-appointed personal representative.
• Request the estate inventory or schedule of assets filed with the Probate Court (if one exists) and any petitions the executor filed that reflect the sale of the real property.

Step 3 — Collect the documents that let you recompute the share

To verify the math, request copies of the supporting documents the executor used:

• Signed will (if any) and court probate order.
• Copy of the deed transferring the property and the purchase-and-sale agreement.
• Closing statement or settlement statement (HUD-1 or Closing Disclosure) showing gross sale price and line‑by‑line deductions.
• Mortgage payoff statement(s) and proof of lien satisfactions.
• Receipts or invoices for realtor commissions, repairs, title fees, attorney fees, escrow/closing fees and any expenditures charged to the estate related to the sale.
• Proof of payment to creditors, funeral expenses, taxes paid, and any other claims paid from the estate.
• Any appraisals or valuation reports used to support the estate inventory.

Step 4 — Understand what gets deducted before distributions

The executor should distribute only the net distributable estate. Typical deductions include:

• Mortgage balance and liens satisfied from the sale proceeds.
• Realtor commissions and ordinary closing costs (title, recording, transfer fees, escrow fees).
• Reasonable repair costs and agreed sale-related improvements.
• Unpaid valid debts of the decedent (claims allowed under probate).
• Probate administration costs: attorney fees and court‑approved fiduciary fees (if allowed and documented).
• Estate taxes and final income taxes, if applicable.

Ask the executor to identify each deduction with an invoice, cancelled check, receipt, or court approval so you can verify the deduction actually reduced the estate.

Step 5 — Recompute the numbers (simple worked example)

Use the executor’s closing statement to start:

1. Gross sale price: $300,000
2. Less mortgage payoff (from payoff statement): -$120,000
3. Less realtor commission (6%): -$18,000
4. Less closing/transfer/title fees: -$2,000
5. Less necessary repairs paid by estate: -$3,000
6. Net proceeds available to the estate: $157,000
7. Less other creditor claims/administration expenses (verified by receipts): -$7,000
8. Net distributable from house sale: $150,000

If the will or intestacy gives you, for example, a one‑third share, your distribution would be 1/3 of $150,000 = $50,000. If the will gives you a stated percentage or a specific legacy, apply that rule to the net distributable amount.

Step 6 — Review the executor’s formal accounting

The executor should prepare a formal accounting showing all receipts and disbursements for the estate, including the sale transaction and how the proceeds were applied. In Massachusetts you can request a formal account from the Personal Representative and review it. The Probate Court has procedures and forms for requiring and approving accounts; see the Probate and Family Court resources at mass.gov Probate and Family Court and the statutory framework in M.G.L. c. 190B.

Step 7 — What to do if numbers don’t match or the executor won’t cooperate

• Start by writing a clear, dated request for the documents and send it to the executor (keep a copy).
• If the executor fails to provide documentation or the accounting looks incorrect, you can file a petition in the Probate and Family Court to compel an accounting or to review the executor’s actions.
• If you believe the executor misapplied funds, charged unreasonable fees, or breached fiduciary duties, you may petition the court for removal, surcharge (money damages), or other relief. The court can order a formal audit or account.
• Small disputes sometimes settle with a lawyer’s letter or mediation; bigger disputes may require litigation or a forensic accounting.

Helpful links

• Massachusetts General Laws — Chapter 190B (probate code): https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter190B
• Probate and Family Court (forms, local court contacts, procedure): https://www.mass.gov/orgs/probate-and-family-court

Helpful hints

• Be organized: list the documents you need and check them off as you receive them.
• Start with the closing statement: it shows the gross price and immediate sale deductions and is the fastest way to see whether the executor started from the right number.
• Verify mortgage payoff with a written payoff statement from the lender and proof that the lender was paid at closing.
• Ask for itemized receipts for repairs, commissions, attorney fees, and other expenses; lump‑sum entries are a red flag.
• Remember the difference between gross proceeds and distributable estate — many disputes arise because people expect a share of gross sale price rather than net proceeds after valid deductions.
• Keep communication civil and document every request (email or certified mail) — the court notices whether heirs tried to resolve matters informally.
• If the estate is complex or the sums are large, consider hiring an attorney experienced in Massachusetts probate or a forensic accountant to review the accounting.

When to get a lawyer

If the executor refuses to provide documentation, if the accounting contains unexplained items, if you suspect misconduct, or if the estate administration involves significant taxes or complex creditor claims, consult a Massachusetts probate attorney. A lawyer can draft formal requests, file petitions to compel accounts, and represent you in court.

Final note and disclaimer

This article explains general steps for checking an executor’s calculation under Massachusetts probate practice and points you to statutory and court resources. This is educational information only and is not legal advice. For advice about your specific situation, consult a licensed Massachusetts attorney or contact the Probate and Family Court.