Detailed answer — what to check and how to calculate your share

When a decedent’s house is sold during probate, the executor (personal representative) must collect the sale proceeds, pay valid debts and administration costs, and then distribute what remains according to the will or New Mexico’s intestacy rules. To confirm the executor correctly calculated your percentage share, follow these steps.

1) Confirm the property was part of the probate estate

Not every home sale goes through probate. Check the title and how the property was owned before death:

• If the deed showed joint tenancy with right of survivorship, or a transfer-on-death beneficiary deed, the home may have passed outside probate.
• If the house was in a living trust, the trustee (not the probate executor) handles distribution.

Ask the executor for the deed and any transfer documents. If the house went through probate, continue to the next steps.

2) Get the core documents you need to check the math

Request these items from the executor or from the probate court file:

• The decedent’s will (if any) and the court appointment of the executor.
• Settlement/closing statement for the house sale (HUD-1 or Closing Disclosure).
• Inventory and appraisal filed with the probate court.
• Bank statements showing where sale proceeds were deposited and what was paid out.
• Receipts or invoices for repairs, commissions, closing costs, mortgage payoff statements, lien releases, creditor claims paid, funeral costs (if paid from the estate), and administration fees paid by the executor.
• The executor’s accounting, if one has been filed in court (final account or interim accounting).

3) Understand what gets deducted before beneficiaries share the proceeds

Common lawful deductions from the gross sale price:

• Mortgage and other recorded liens paid off at closing.
• Real estate broker commissions and typical closing costs (title fees, recording fees, transfer taxes, escrow fees).
• Repairs and improvements paid as part of preparing the house for sale (if properly documented and reasonable).
• Funeral expenses, creditor claims allowed against the estate, and valid administration expenses (attorney fees, court costs, accounting fees) that the executor pays from the estate.
• Any estate taxes or federal tax obligations that the executor has the authority to pay from estate assets (rare unless the estate is large).

These deductions produce the estate’s net distributable cash from the house sale. Beneficiaries receive shares of that net amount (unless the will states a different formula).

4) Confirm the share formula — will vs. intestacy

If there’s a will, it should specify percentages or amounts. If there is no will, New Mexico’s intestacy rules determine who inherits and in what shares. The personal representative must follow the will or the statutory shares under New Mexico law.

To review New Mexico probate rules and probate court procedures, see New Mexico Courts’ probate self-help pages: https://www.nmcourts.gov/self-help/probate/. For the text of the New Mexico Probate Code, consult the New Mexico Legislature’s statutes site: https://www.nmlegis.gov/.

5) Example calculation (hypothetical) — how to recreate the executor’s math

Use this simple example to check the executor’s numbers. Start with the sale price and subtract allowed items:

• Sale price: $300,000
• Less mortgage payoff: $100,000
• Less real estate commission (6%): $18,000
• Less closing costs/title fees: $3,000
• Less repairs before sale: $5,000
• Less creditor claims paid from estate: $10,000
• Less administration expenses (attorney/court): $4,000
• Net distributable = 300,000 – (100,000 + 18,000 + 3,000 + 5,000 + 10,000 + 4,000) = $160,000

If you are one of three siblings who share equally by will or intestacy, your share = $160,000 ÷ 3 = $53,333.33. Compare this to the check or ledger the executor gave you.

6) If the executor’s numbers don’t match yours — practical next steps

1. Ask the executor for a written, itemized accounting showing each deduction and the legal basis for it. Many executors provide this voluntarily.
2. Review the probate court file. Executors typically file inventories, notices to creditors, and final accounts in the court file. You can often request copies from the probate clerk or view filings online.
3. If the executor refuses to provide documents or you see unexplained items, you can request the court to order a formal accounting or compel production of records.
4. If you believe the executor acted improperly (self-dealing, unreasonable expenses, failing to pay creditors before distributions), you can petition the court for relief such as surcharge, removal, or other remedies.
5. Consider consulting a New Mexico probate attorney if the accountings are complex, if significant funds are at stake, or if you suspect misconduct.

Information about probate filings and where to go for forms and local rules is available from New Mexico Courts: https://www.nmcourts.gov/self-help/probate/. The statutes that govern an executor’s duties and beneficiary rights appear in the New Mexico Probate Code (search the NMSA 1978 probate sections at https://www.nmlegis.gov/).

7) When to involve the court or an attorney

If the executor will not provide documentation, if the accounting contains unexplained or unreasonable charges, or if distributions were made before legitimate debts were paid, file a motion in the probate court asking for a formal accounting and explanation. The probate court can review the executor’s actions and order corrections if needed.

Helpful Hints

• Ask for documents in writing and keep copies of any communications you send or receive.
• Focus first on the closing statement for the sale — that document explains the sale proceeds, mortgage payoff, commissions, and immediate closing costs.
• Pay attention to liens and mortgages: the mortgage payoff shown on the HUD/Closing Disclosure should match the lender payoff statement and lien release.
• Distinguish between estate expenses that are legitimate and those that look personal to the executor. Personal expenses are not allowed to be charged to the estate.
• Small, documented repairs to make a house sellable are often allowed. Large pre-sale improvements may need prior court approval or beneficiary consent.
• If you were promised a percentage in a will, that percentage generally applies to the net distributable estate unless the will defines otherwise.
• Courts expect executors to act as fiduciaries. If numbers don’t add up, the probate court can compel an accounting and correct errors.
• Keep the scale of the issue in mind — for modest sums, a polite written request and review of the closing statement often resolves the problem without court involvement.