Detailed Answer
Short overview: When an estate sells real estate in New Hampshire, the executor (also called the personal representative) must collect sale proceeds, pay estate debts and allowable expenses, and distribute the remaining net proceeds to beneficiaries according to the will or New Hampshire intestacy law. You can confirm whether your percentage share was calculated correctly by obtaining the estate accounting documents, checking the math used to produce net sale proceeds, and comparing the distribution to the beneficiary shares set by the will or by law.
Who decides the shares?
If there is a valid will, the will controls how the estate (including net sale proceeds) is distributed. If there is no will, New Hampshire intestacy rules determine shares. The probate court supervises administration. For more information about probate administration and forms in New Hampshire, see the New Hampshire Judicial Branch probate page: https://www.courts.state.nh.us/probate/ and the New Hampshire Revised Statutes (RSA) library: https://www.gencourt.state.nh.us/rsa/html/.
What the executor must do before distributing sale proceeds
- Collect gross sale proceeds from the closing.
- Pay secured debts tied to the property (mortgage payoff, liens) and confirm payoff statements.
- Pay closing costs and selling expenses (agent commissions, title fees, transfer taxes if any, recording fees).
- Pay estate liabilities that are properly payable out of the estate (funeral expenses, outstanding bills, taxes, administrative costs).
- Prepare and provide a written inventory/accounting showing gross receipts, itemized deductions/expenses, and the net distributable amount.
How to verify the executor’s calculation — step by step
- Request written documents: ask the executor in writing for the closing statement (HUD-1 or Closing Disclosure), mortgage payoff statement, receipts for commissions and repairs, invoices for funeral/administration costs, and the executor’s accounting or inventory. Keep all requests in writing.
- Confirm gross sale proceeds: check the closing/settlement statement for the sales price and any seller credits.
- Subtract property-related expenses: verify mortgage payoff amount, real estate commission, title/recording fees, prorated property taxes, and any agreed repairs or seller concessions listed on the closing statement.
- Confirm estate-level expenses: identify which additional costs the executor charged to the estate (funeral costs, probate court costs, attorney or accountant fees, conservatorship costs). Ask for invoices and proof of payment.
- Check for taxes: determine whether any final income tax for the decedent or federal estate tax is due; confirm whether taxes were withheld or paid from proceeds. (New Hampshire generally does not have a state estate tax, but consult the RSA pages and the probate clerk if you suspect tax issues.)
- Calculate net distributable proceeds: use the formula
Net distributable proceeds = Gross sale price − (mortgage payoff + commissions + closing costs + liens + estate-paid expenses and taxes). - Confirm your share: apply the fraction set by the will or intestacy (for example, if three equal siblings inherit under the will, each gets one-third of the distributable estate). Multiply the net distributable proceeds by your fraction to confirm the dollar amount you should receive.
- Compare to the actual distribution: confirm the check or wire amount you received matches your calculated share. Ask the executor for an explanation and backup documents for any discrepancies.
Example (hypothetical)
Sale price: $300,000
Mortgage payoff: $100,000
Agent commission (6%): $18,000
Closing costs/title/recording: $2,000
Other estate debts paid from proceeds: $5,000
Net distributable proceeds = 300,000 − (100,000 + 18,000 + 2,000 + 5,000) = $175,000
If three equal siblings inherit, each share = $175,000 ÷ 3 = $58,333.33.
What if you disagree with the accounting?
- Ask for clarification and copies of source documents. Many misunderstandings resolve after reviewing invoices and the closing statement.
- If the executor refuses to provide an accounting, you may request that the probate court compel a formal accounting. The probate clerk can explain filing procedures at your county probate office (see https://www.courts.state.nh.us/probate/).
- If the accounting is apparently incorrect or you suspect misconduct (improper expenses, self-dealing, failure to follow the will), you may file exceptions to the accounting or a petition alleging breach of fiduciary duty; the probate court can review and order corrections or sanctions.
- Consider hiring an attorney experienced in New Hampshire probate law if the amount at stake is significant or if the executor will not cooperate.
Timing and practical points
Executors should not distribute final shares until they are reasonably confident all claims, liens, and taxes are resolved or adequately reserved for. The executor often provides an interim or final accounting to beneficiaries before final distribution. If the estate is small and all debts are paid, the executor may distribute sooner, but beneficiaries have the right to request a full accounting.
Where to look in New Hampshire laws and courts
For background on probate administration and forms, use the New Hampshire Judicial Branch probate pages: https://www.courts.state.nh.us/probate/ . For statutory language, refer to the New Hampshire Revised Statutes Annotated (RSA) at https://www.gencourt.state.nh.us/rsa/html/ (search terms: probate, wills, administration, fiduciary duties). The probate clerk at the county court can also provide local filing rules and procedures.
When to get professional help
- If the executor will not provide requested documents.
- If the accounting contains unexplained or large charges.
- If you suspect self-dealing, missing assets, or significant tax issues.
- If litigation seems likely — consult a probate attorney promptly, because procedural deadlines and local rules apply.
Disclaimer: This article explains general principles about verifying a distribution from an estate in New Hampshire. It is educational only and not legal advice. For advice about a specific situation, contact a licensed New Hampshire probate attorney or the probate clerk in the county where the estate is being administered.
Helpful Hints
- Always make requests for documents in writing and keep copies of everything you receive.
- Start by examining the closing/settlement statement — it will show gross proceeds and immediate deductions tied to the sale.
- Ask for itemized receipts for any expense the executor charged to the estate (commissions, repairs, legal fees).
- Use the simple net-proceeds formula (Gross sale − allowable expenses = Net distributable) to check calculations quickly.
- Confirm whether the will or intestacy governs distribution — that determines the fractional share you should receive.
- Talk to the probate clerk for procedural questions about obtaining an accounting or filing exceptions: https://www.courts.state.nh.us/probate/.
- If you are uncomfortable reviewing financial documents, consider hiring a CPA experienced in estate accounting to audit the executor’s numbers before escalating to the court.