How to Verify the Executor’s Calculation of Your Share from a Sibling’s House Sale

Quick answer: In Montana, start by getting the estate accounting and sale documents, compare the numbers step‑by‑step (sale price minus liens, closing costs, commissions, and allowable estate expenses), confirm the inheritance share under Montana intestacy or the will, and, if anything looks wrong, ask the executor for a written explanation and file objections in probate court or consult a Montana estate attorney.

Detailed Answer

This section explains, in plain language, how executors typically calculate a beneficiary’s share after the sale of a decedent’s real property, what documents you should review, how to do the math, and what Montana probate procedures let you request or challenge an accounting.

1. Figure out whether distribution follows a will or Montana intestacy rules

If your sibling left a will, the will controls distribution (subject to probate court oversight). If there is no valid will, Montana’s intestate succession rules determine who inherits. The Montana Code Annotated covers probate and intestate succession; you can search the Montana Code at the Montana Legislature website: https://leg.mt.gov/bills/mca/.

2. Ask for the core documents you need to verify the calculation

Request these from the executor (preferably in writing so you have a record):

• Copy of the will or beneficiary designation (if any).
• Probate court filings: petition for appointment of personal representative/executor and any approved orders.
• Inventory of the estate and the personal representative’s accounting or final accounting.
• Real estate sale documents: purchase agreement, HUD/closing statement (settlement statement), deed, seller’s net proceeds worksheet.
• Documents showing liens or mortgages paid at closing, realtor commission invoices, repairs or closing costs, and receipts for estate expenses paid from sale proceeds.

3. Understand a standard flow of funds from a house sale

Typical deductions from the gross sale price before distributions include:

• Mortgage payoff and other recorded liens (tax liens, HELOCs).
• Realtor commission(s) and closing costs (title, escrow, transfer taxes, recording fees).
• Pre‑closing repairs or agreed seller concessions (if paid by seller).
• Probate expenses that must be paid from estate assets (administration fees, executor compensation if allowed, attorney fees if court‑approved, taxes and final bills).

4. Walk through a simple sample calculation (hypothetical numbers)

Example: House sold for $300,000.

• Mortgage payoff: $60,000
• Realtor commission (6%): $18,000
• Closing costs and title fees: $3,000
• Pre‑sale repairs paid by estate: $4,000

Net sale proceeds = $300,000 – ($60,000 + $18,000 + $3,000 + $4,000) = $215,000.

If the will or Montana intestacy gives you 1/3 of the estate’s residuary assets, your share = 1/3 × $215,000 = $71,666.67. If multiple estate assets exist, the house proceeds may be pooled with other assets before applying percentage shares — check the accounting.

5. Compare the executor’s numbers line‑by‑line

Match each deduction on the executor’s accounting to a supporting document (lien payoff statements, commission invoice, settlement statement, receipts). If something is listed without a supporting invoice or court approval, ask for it.

6. What Montana probate rules let you demand an accounting?

Montana probate practice generally allows beneficiaries to view estate inventories and to receive accountings from the personal representative. If the estate is open in Montana probate court, you can request a copy of the personal representative’s accounting filed with the court. The Montana Code and probate court procedures set deadlines and methods for objections — you can search the Montana Code at the legislature site: https://leg.mt.gov/bills/mca/. For local probate procedures and forms, see the Montana Judicial Branch: https://courts.mt.gov/.

7. What to do if numbers don’t add up

1. Send a written request to the executor asking for a detailed explanation and copies of supporting documents.
2. If the estate is in court, file a beneficiary objection or request for accounting with the probate court following local rules — the court can order the executor to produce documents or a formal accounting.
3. Consider mediation or negotiation if the issue is a misunderstanding. Many disputes resolve without full litigation.
4. If you suspect misconduct (fraud, self‑dealing, failure to follow court orders), consult a Montana probate attorney promptly about removal of the personal representative or a civil claim. Court relief may include surcharge (monetary recovery) or removal.

8. When to hire help

Hire a Montana probate attorney if:

• The executor refuses to provide documents or a plain explanation.
• Large sums are at stake or complex tax/real estate issues exist.
• You suspect improper payments to the executor or third parties.
• You need help filing a formal objection in probate court or asking the court to compel an accounting.

Helpful Hints

• Ask for documents in writing and keep copies. A paper trail helps if you later need the court.
• Compare the HUD/closing statement to the executor’s “net proceeds” worksheet. They should match line for line for sale‑related items.
• Check whether the executor paid themselves compensation. In Montana, compensation rules depend on the will or local statutes and court approval; confirm whether compensation was approved by the court.
• Look for tax obligations (final income tax or estate tax) that might be deducted from estate assets; ask for proof of payments.
• If siblings or other beneficiaries share a percentage, confirm whether the executor applied that percentage to the net proceeds of the house alone or to total estate assets (the will or intestacy rules control this).
• Keep time limits in mind: Montana law and the probate court calendar set deadlines for objections; act promptly if you plan to challenge a distribution.
• Use the Montana Legislature site to look up statutes and search terms like “personal representative,” “accounting,” and “intestate succession”: https://leg.mt.gov/bills/mca/.

Disclaimer: This article explains general Montana probate concepts and steps to verify an executor’s calculation. It is not legal advice and does not create an attorney‑client relationship. For advice specific to your situation, consult a Montana probate attorney.