Disclaimer

This is general information, not legal advice. I am not a lawyer. For guidance specific to your situation, consult a Mississippi probate attorney.

Detailed answer: step-by-step checklist to confirm the executor’s math

When an estate sells real property, the executor (personal representative) must convert the property into cash, pay valid claims and expenses, and distribute the remainder according to the will or Mississippi intestacy law. To confirm that your percentage share is correct, follow these steps.

1. Get the documents you are entitled to

• Written appointment: the court’s letters testamentary or letters of administration that authorize the executor to act.
• The will (if any) and the court order admitting it to probate.
• The real estate closing statement (final HUD-1 or Closing Disclosure) showing sale price, agent commissions, and closing costs.
• Proof of lien payoffs (mortgage payoff statements or satisfactions of mortgage).
• Receipts for estate expenses paid from the sale proceeds (repairs, advertising, legal fees, appraisal, executor’s commission if taken).
• The estate accounting or a written “final accounting” showing how gross sale proceeds became net distributable assets.

2. Reproduce the basic math (net-proceeds calculation)

Work through the numbers in this order:

1. Gross sale price (from closing statement).
2. Subtract lien payoffs paid at closing (mortgages, tax liens). Those reduce the estate’s cash directly.
3. Subtract closing costs and selling costs (real estate commission, title fees, transfer taxes, prorated property taxes if deducted).
4. Subtract authorized estate debts and expenses paid from the sale (funeral costs, creditor claims, repairs, legal fees, court costs, executor’s commission if allowed).
5. The remainder is net distributable proceeds from that asset.

Example (hypothetical): Sale price $200,000 – mortgage payoff $50,000 – agent commission $12,000 – title/closing $2,000 – repair bills paid $3,000 = net distributable $133,000.

3. Determine the correct share formula

Who gets what depends on the will or, if there is no will, Mississippi’s intestacy law. If the will gives you a stated fraction or percentage of the residuary estate, the executor should pay that share of the residuary after paying debts and expenses. If there is no will and the decedent left no spouse or descendants, siblings often inherit equally under intestate rules.

For help locating the controlling provisions of Mississippi law, search Title 91 (Decedents’ Estates) on the Mississippi Legislature’s site: https://www.legislature.ms.gov/ (select the Mississippi Code and then Title 91).

4. Verify the percentage calculation

• If the will says “one-half of my residuary estate,” the executor should calculate one-half of the residuary estate value (net of debts) and allocate that amount to you. If the executor treated the house sale as a separate pot, check whether the will required in-kind distribution of the house instead of sale.
• If intestate and you are a sibling inheriting equally with n siblings, your share = net distributable estate × (1/n).
• Compare your computed dollar amount and percentage with the executor’s accounting line items and ask for receipts for any number you do not understand.

5. Ask for clarification in writing and give the executor a chance to respond

Send a clear written request for a copy of the final accounting and the supporting documents (closing statement, lien payoff, receipts). Keep copies of your communications.

6. If numbers still don’t match, use probate process options

• Request a formal accounting be filed with the probate court. Mississippi probate/chancery courts supervise executors and can compel accountings.
• If the accounting shows errors or questionable deductions, you may petition the probate court to review the accounting, audit the estate, require documentation, surcharge (recover losses for estate), or, in serious cases, remove the executor for breach of fiduciary duty.
• Consider mediation, or hire a probate attorney to review the documents and, if necessary, file a petition in court on your behalf.

7. Timing and urgency

Act promptly. Executors normally must provide accountings within certain deadlines and cannot simply delay distribution indefinitely. If you suspect wrongdoing, get legal advice quickly so your attorney can protect your rights.

Relevant Mississippi resources

• Mississippi Legislature — search the Mississippi Code for Title 91 (Decedents’ Estates): https://www.legislature.ms.gov/
• Mississippi Courts — general information about probate and chancery court: https://courts.ms.gov/

Helpful hints

• Start with the closing statement: it contains most facts (sale price, agent commission, prorations, lien payoffs).
• Compare the mortgage payoff figure on the closing statement with the mortgage company payoff quote.
• Ask for receipts for each deduction the executor claims (invoices, paid checks, bank statements).
• Remember that certain administrative costs (reasonable attorney fees, executor’s commission if allowed by the will or court) may come out of the estate before distribution.
• If the will required distribution of specific property instead of sale, check whether the executor had authority to sell without court approval.
• If the estate had multiple assets, the executor may gather cash from various sales into a single distributable pool; ensure the executor allocated distributions in proportion to the estate plan, not to one asset only.
• Keep a written record of every request you make and the executor’s responses; courts like clear paper trails.
• If you plan to challenge the accounting, contact a probate attorney quickly — some challenges have short deadlines and require prompt petitions to the court.