Detailed Answer

1. Understand the basics: whose property and which rules apply

First, determine whether the house passed through the probate estate at all. Common reasons a home might not be part of the probate estate include:

• Joint ownership with right of survivorship (surviving owner keeps the property outside probate).
• Property held in a trust (trust terms control).
• Payable-on-death or transfer-on-death arrangements.

If the house is part of the probate estate, New Jersey’s probate rules and Title 3B (Estates and Trusts) govern administration and distribution. See the New Jersey statutes for more on estate administration: N.J.S.A. Title 3B (Estates and Trusts).

2. Identify your legal share

Your share depends on whether your sibling left a valid will and what it says, or if there is no will (intestate succession). If a will names beneficiaries, the will controls. If there is no will, New Jersey intestacy rules determine the share. The Surrogate’s Court where the estate is opened can confirm whether a will exists and how the estate must be distributed. See the Surrogate’s Court information from the NJ Courts: New Jersey Surrogate Courts.

3. Ask for the key documents you need to verify the calculation

Request (in writing) copies of the following from the executor or the executor’s lawyer:

• Letters Testamentary or Letters of Administration (proof the executor has authority).
• Closing statement for the home sale (HUD-1, Closing Disclosure, or settlement sheet) showing gross sale price, real estate commission, title fees, transfer taxes, prorations and other closing costs.
• Proof of mortgage payoff(s) and liens paid at closing.
• An inventory or schedule of estate assets (often filed with the Surrogate’s office).
• A final accounting or proposed distribution statement from the executor that shows all receipts, disbursements, and the proposed net distributable estate amount.
• Invoices and receipts for expenses the executor deducted (repairs, advertising, appraisal, estate administration costs, funeral bills paid from estate funds, and taxes).
• A statement of executor and attorney fees (and any commissions) and the basis for those fees.

4. Follow the math: how to check the executor’s calculation

Basic step-by-step calculation you should see documented:

1. Start with the gross sale price shown on the closing statement.
2. Subtract closing costs and seller-side expenses (real estate commission, title charges, transfer taxes, recording fees). Result = gross proceeds.
3. Subtract mortgage payoff(s) and any liens paid from sale proceeds. Result = proceeds available to the estate from the sale.
4. From the estate’s total assets, add or subtract other estate receipts and pay estate liabilities (creditors, funeral expenses, taxes). The estate’s net distributable value equals all estate assets after valid debts and administrative expenses are paid.
5. Subtract awarded executor/attorney fees and approved administrative costs (these must be reasonable and, in many cases, approved by the Surrogate’s Court or by agreement of heirs).
6. Allocate the remaining net estate to beneficiaries by the percentages required by the will or intestacy rules. If the house sale is the only asset, allocation flows from the sale proceeds; if there are multiple assets, the executor should explain how each asset was used to satisfy debts and distributions (abatement rules may apply).

5. Example (hypothetical numbers)

These numbers show the format of a clear calculation:

• Sale price: $300,000
• Real estate commission (6%): $18,000
• Other seller closing costs: $2,000
• Gross proceeds after closing costs: $280,000
• Mortgage payoff: $100,000
• Net proceeds to estate (from house): $180,000
• Other estate debts paid from estate: $10,000
• Administrative expenses and fees paid from estate: $15,000
• Net distributable estate: $155,000
• If two siblings inherit equally, each share = 50% × $155,000 = $77,500

Compare each line to the documents the executor supplied (closing statement, paid invoices, cancelled checks).

6. Common deductions you should expect — and those that require scrutiny

• Reasonable real estate commissions and ordinary closing costs — usually allowed if supported by the closing statement.
• Mortgage and other lien payoffs — allowed if recorded and evidenced by payoff statements.
• Reasonable executor and attorney fees — New Jersey allows compensation for the personal representative; however, fees must be reasonable and are subject to court review if contested. See N.J.S.A. Title 3B for statutory framework: N.J.S.A. Title 3B.
• Repair and advertising costs to prepare the house for sale — allowed if reasonable and documented.
• Income or estate taxes — may be payable and should be documented by tax filings or statements.
• Personal expenses of the executor not related to estate administration — not allowable and should be questioned.

7. If numbers don’t add up: how to challenge or get more scrutiny

Steps you can take:

1. Send a written request to the executor (and the executor’s attorney, if represented) asking for the missing documents and an explanation of specific deductions.
2. Ask the Surrogate’s Office whether the executor has filed a formal account and how you can obtain copies. Many Surrogate’s Courts require an accounting or allow heirs to request one. See the New Jersey Surrogates page: New Jersey Surrogate Courts.
3. If the executor refuses to provide documents, you may file a motion in the Surrogate’s Court to compel an accounting or to review fees and distributions.
4. If the executor misapplied funds, self-dealt, or committed other breaches of fiduciary duty, you can petition the court for surcharge (repayment) or removal of the executor and seek damages.
5. Keep careful records of your requests and any responses. If needed, consult a probate attorney to draft formal petitions or objections.

8. Timing and practical tips

Executors generally have a duty to act reasonably and timely, but estate administration takes time. Ask the executor for an estimated timeline and a proposed distribution schedule. If the estate is complex (tax returns, contested claims, multiple assets), distributions may be delayed until all liabilities are resolved.

9. When to get a lawyer

Consider hiring a probate attorney if:

• The executor refuses to provide a reasonable accounting.
• You suspect impropriety, misallocation, or self-dealing.
• The estate involves large debts, tax issues, or complex assets.
• You need to petition the Surrogate’s Court to compel action or challenge fees.

For general guidance on estate law in New Jersey, review the state statutes at: N.J.S.A. Title 3B.

Disclaimer: I am not a lawyer. This content is informational only and is not legal advice. For advice about your specific situation, contact a licensed New Jersey probate attorney or the local Surrogate’s Court.

Helpful Hints

• Request documents in writing and keep copies. Written requests create a record if you must involve the court.
• Ask for the closing statement first — it often answers most questions about how sale proceeds were calculated.
• Compare the executor’s accounting line-by-line to the closing statement and to canceled checks or bank statements that show payments.
• Look for proof of lien releases and mortgage payoffs before accepting that those amounts were properly deducted.
• Be skeptical of vague “administrative” charges without invoices or receipts.
• If multiple beneficiaries exist, confirm whether distributions were pro rata or subject to specific bequests in the will.
• Remember timing: some expenses (like tax obligations) may be estimated and adjusted before the final distribution.
• If you request a court-ordered accounting, be prepared for additional time and court costs; a negotiated resolution is often quicker and less expensive.