How to Confirm an Executor Correctly Calculated Your Share from the Sale of a Sibling’s House — Oregon Probate
Quick answer
If your sibling’s estate sold real estate, you can verify the executor’s calculation by getting the estate accounting and sale documents, recomputing the net sale proceeds, and applying the will or Oregon’s intestacy rules to the residuary estate. If the executor won’t cooperate or the numbers don’t match, beneficiaries in Oregon can ask the court for an accounting or file a petition to compel accounting and review supporting documents. This is an overview and not legal advice.
Detailed answer — step‑by‑step under Oregon law
1. Identify whether probate is governed by a will or by intestacy rules
First determine whether your sibling left a valid will. If there is a will, the will controls how property is divided (subject to creditor claims and administration costs). If there is no will, Oregon’s intestate succession rules govern who inherits and in what shares. For Oregon statutes on intestate succession see the Oregon Revised Statutes (ORS) chapter on intestate succession: ORS Chapter 112.
2. Obtain the core documents you need to check the math
- Copy of the will (if any) and the order appointing the personal representative (executor).
- Death certificate and probate case number or file.
- Sale closing statement (often called a Closing Disclosure or HUD-1) showing sale price and seller’s closing costs.
- Deed and payoff statements for any mortgages or liens paid from the sale.
- Receipts/invoices for estate administration costs paid from sale proceeds (commissions, repairs, realtor fees, closing costs, certified appraisals, taxes).
- Filed inventory, account, or the personal representative’s proposed distribution (if the estate is in court-supervised probate).
3. Recompute the net sale proceeds
Start with the gross sale price, then subtract only lawful charges that reduce the seller’s net proceeds. Common lawful deductions include:
- Payoff of mortgages and liens recorded against the property.
- Usual closing costs charged to the seller (realtor commissions, title fees, recording fees).
- Reasonable repairs or expenses that were necessary to market the property, if properly documented.
- Estate‑administration expenses that are authorized under Oregon law.
Do not accept informal or vague deductions. Each deduction should be supported by a contract, invoice, or payoff statement. If taxes, creditor claims, or administration expenses were paid from the sale, request proof.
4. Apply the will or Oregon’s intestacy rules to the net proceeds
If the will gives a percentage or specific devise of the residuary estate, apply that language to the residue after paying debts, expenses, and taxes. If intestate, siblings may share in the estate under ORS Chapter 112; for the text and rules about who inherits and division of shares, see ORS Chapter 112. If the house was part of the residue, the net proceeds of sale typically become part of the residuary estate and are divided according to the will or ORS 112.
5. Compare your recomputed amount to the executor’s figure
Line up each item: gross sale, list of deductions (with supporting docs), net proceeds, estate-level charges applied to the residue, and the fraction or share applied to you. If the executor applied a different method (for example, deducted distributions before calculating shares or charged costs without receipts), note those discrepancies and request clarification in writing.
6. When the executor must provide accounting and what to do if they won’t
Under Oregon procedures, beneficiaries have rights to information and to an accounting of estate administration. If the estate is being probated in court, inventories and accountings are often filed with the court and become part of the public record. For general probate information and forms see the Oregon Judicial Department’s probate resources: Oregon Judicial Department — Probate.
If the executor refuses to share documents or you suspect miscalculation or misconduct, you can:
- Send a written demand for an accounting and supporting documents (closing statement, receipts, payoff statements).
- Contact the probate court clerk to learn whether an inventory or accounting has been filed in the estate file.
- Ask the court to compel an accounting or to review the executor’s actions (petition for accounting or petition to surcharge/remove the personal representative) if informal requests fail.
7. Typical remedies if figures are wrong or funds were misapplied
If you prove the executor miscalculated or improperly withheld funds, the court can order:
- An accounting and repayment of amounts improperly withheld.
- Removal or surcharge (monetary liability) of the personal representative for breach of duty.
- Other equitable relief, including an order to produce original receipts and reconcile accounts.
8. When to consider getting legal help
Consider consulting a probate attorney if the accounting is complex (significant liens, taxes, business interests), the executor refuses documentation, or you suspect wrongdoing. An attorney can explain court procedures, prepare petitions, and represent you in hearings. You can also get procedural help and forms from the Oregon courts: Probate forms.
Statutory references and resources:
- Intestate succession: ORS Chapter 112 — https://www.oregonlegislature.gov/bills_laws/ors/ors112.html
- Oregon Revised Statutes (general index): https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx
- Probate information and court forms: Oregon Judicial Department — Probate: https://www.courts.oregon.gov/services/Pages/probate.aspx
Note: Oregon statutes include many provisions about administration, inventories, and accountings; the resources above will help you find specific filing and accounting rules that apply to your situation.
Helpful Hints
- Put requests in writing. A dated written demand creates a record if you later need court intervention.
- Ask for specific documents: the closing disclosure, realtor invoice, mortgage payoff, recorded satisfaction of lien, inventory, and any accountings filed with the court.
- Keep your own notes and calculations showing how you reached your number. Line items are easier to compare than a single total.
- Be polite but firm. Executors often act in good faith and will supply documents when asked; preserving a cooperative relationship can speed resolution.
- Check whether the probate case is supervised (court oversight) or unsupervised (informal). Supervised proceedings usually involve more formal filings you can review at the courthouse or online.
- If taxes are involved (estate or income tax issues from sale), ask for proof that taxes were assessed and paid; tax liability can change net proceeds materially.
- Use the court clerk as a resource — clerks can tell you what documents have been filed and how to request public documents from the file.
Disclaimer
This article explains general principles of Oregon probate practice and is for educational purposes only. It is not legal advice, does not form an attorney-client relationship, and may not cover every nuance of your situation. For advice tailored to your facts, consult a licensed Oregon attorney.