FastCounsel

Detailed answer — what you can request and how to check the math

This section explains, in clear steps, how to confirm that the personal representative (sometimes called the executor) correctly calculated your percentage share of proceeds from the sale of a deceased sibling’s house under Minnesota probate practice. This is informational only and not legal advice.

1. Your right to an accounting and basic legal framework

Under Minnesota probate practice the personal representative has a duty to collect estate assets, pay valid debts and expenses, and distribute the remainder to beneficiaries or heirs. Interested persons generally can request an accounting showing how the representative handled estate assets and how distributions were calculated. For an overview of Minnesota probate law and procedures, see Minnesota Statutes, Chapter 524: https://www.revisor.mn.gov/statutes/cite/524. For general probate help and local procedures, see the Minnesota Judicial Branch probate pages: https://www.mncourts.gov/Help-Topics/Estate-Probate.aspx.

2. Documents to request immediately

Ask the personal representative in writing for these documents (if you do not already have them):

• Copy of the will (if any) and the Letters Testamentary or Letters of Administration.
• The estate accounting or proposed final accounting that shows distributions.
• Real estate sale documents: signed purchase contract, closing disclosure or HUD-1/Closing Statement, settlement statement, and the deed transferring title.
• Mortgage payoff statement(s) and lien-release documents.
• Receipts/invoices for repairs, advertising, realtor commission, closing costs, and any estate-paid expenses related to the property.
• Any appraisal or property valuation used to set a distribution figure (if applicable).

3. How the executor should calculate your share — step-by-step

Use the following sequence to check the math. The basic idea: start with gross sale proceeds, deduct valid charges and encumbrances, then allocate the net according to the will or intestate law.

1. Confirm the gross sale price (from the closing statement).
2. Subtract valid, estate-related deductions that are chargeable to the property proceeds, such as:
• Mortgage payoff amount and any lien payments.
• Real estate commission and closing fees shown on the settlement statement.
• Prorated property taxes or assessments owed at closing.
• Documented repairs or expenses the estate paid to ready the home for sale (with receipts).
3. The result is the net proceeds attributable to the estate from that sale.
4. Determine how that net fits into the estate distribution scheme:
• If the will gives a specific share of proceeds or a percentage, apply that percentage to the net proceeds.
• If the property was part of the residuary estate or the decedent died intestate, the net proceeds will be pooled with other estate assets and distributed according to the will or Minnesota intestacy rules (see Chapter 524 referenced above).
5. If the estate advanced expenses or the personal representative took a commission or claim for reimbursement, confirm those amounts were authorized by the will or court, and that they were reasonably calculated and documented.

4. Example calculation (hypothetical)

Suppose the house sold for $300,000 (gross). The closing statement shows:

• Mortgage payoff: $100,000
• Realtor commission and closing fees: $33,000
• Repairs and holding expenses paid by estate: $5,000

Net proceeds = $300,000 − $100,000 − $33,000 − $5,000 = $162,000. If your will or intestacy share is 50%, your distribution from those net proceeds would be $81,000.

5. Common calculation errors and improper deductions to watch for

• Deducting personal expenses that are not estate-related.
• Counting the same expense twice (e.g., listing an item under both “repairs” and “miscellaneous”).
• Withdrawing distributions before liabilities (taxes, liens, creditors) are clearly resolved.
• Unexplained or undocumented reimbursements paid to the personal representative.

6. If numbers don’t add up — next steps

1. Write to the personal representative asking for an explanation and specific backup documents for any deduction you question.
2. Compare the closing statement to the accounting line items and request receipts or payoff statements for any large items (mortgage payoff, commissions, repairs).
3. If the representative refuses or the explanation is unsatisfactory, you may petition the probate court for an accounting or to object to the accounting. The court can order the representative to provide records and justify distributions.
4. If you suspect misconduct (self-dealing, concealment, inflating expenses), you can seek court intervention to remove the personal representative or require repayment of improperly taken funds.

7. Timing and urgency

Act promptly. Probate courts often set deadlines for filing objections to accountings or for contesting the actions of a personal representative. Delays can complicate your ability to obtain documents or challenge distributions.

Helpful Hints

• Request documents in writing and keep copies of all correspondence.
• Obtain the closing disclosure or HUD-1 — it shows the detailed sale math and is central to verifying deductions.
• Ask for an itemized estate accounting, not just a summary distribution sheet.
• Look for proof of mortgage payoff and lien releases; a lender’s payoff statement establishes the exact debt amount at sale.
• Confirm whether realtor commissions or personal representative fees were approved in the will or by the court.
• Use a simple spreadsheet to recompute the sale math line-by-line — this often exposes errors quickly.
• If numbers remain unclear, consider a one-time consultation with a Minnesota probate attorney or a CPA experienced with estate accountings; bring the documents you’ve collected.
• For procedural guidance and local forms, check the Minnesota Judicial Branch probate resources: https://www.mncourts.gov/Help-Topics/Estate-Probate.aspx.