Detailed Answer
This explains how to verify that an estate representative (executor or administrator) in Pennsylvania correctly calculated your percentage share from the sale of a decedent’s real property. It describes what documents to request, how to recompute a distribution step-by-step, what Pennsylvania law says about who inherits, and what to do if numbers look wrong. This is educational information only and not legal advice.
Who gets what under Pennsylvania law
Which relatives are entitled to the net sale proceeds depends on whether the decedent left a valid will or died intestate (without a will). Pennsylvania’s intestate succession rules are in Title 20 of the Pennsylvania Consolidated Statutes (Intestate Succession). See the Pennsylvania statute index for Title 20 (Chapter 21): 20 Pa.C.S. Chapter 21 (Intestate Succession). If a will exists, distributions follow the will’s terms unless a valid legal challenge changes them.
Executor / administrator duties — accounting and fiduciary duty
An executor or administrator in Pennsylvania must identify estate assets, pay valid debts and expenses, and distribute the remaining balance to beneficiaries according to the will or the intestacy statute. Probate and estate administration procedures are described in Title 20 (Administration of Estates). See: 20 Pa.C.S. Chapter 33 (Administration of Estates). The Pennsylvania Courts provide general probate guidance here: PA Courts — Estate & Probate Self-Help.
Documents to request right away
- Copy of the decedent’s will (if any) and the probate filing.
- Closing statement from the house sale (HUD-1 or Closing Disclosure) showing gross sale price, real estate commission, and closing costs.
- Mortgage payoff statement or lien release for any encumbrances paid from sale proceeds.
- Receipts or invoices for estate expenses paid from the sale proceeds (repairs, staging, realtor fees, taxes, closing costs, repairs).
- Proof of payment of estate debts and final bills (funeral, outstanding medical bills, creditor claims, taxes).
- Executor’s inventory and proposed or final accounting (a formal accounting if one has been filed with the Register of Wills or orphan’s court).
How to recompute the distributable amount — step by step
Use these steps to check the executor’s math. Keep numbers simple and use the exact figures from the documents you requested.
- Start with the gross sale price shown on the closing statement.
- Subtract closing costs and seller-side expenses (commissions, title charges, typical seller closing fees).
- Subtract the mortgage payoff and other liens paid at closing.
- Subtract any estate administration expenses that the executor paid from the proceeds (reasonable repairs required to sell, advertising, professional fees, probate costs), unless those expenses were already accounted for elsewhere.
- Subtract taxes or anticipated taxes the estate must pay tied to the sale (for example, federal or state income tax on gain if the sale created reportable taxable income for the estate). The estate’s tax professional or accountant can clarify tax liabilities.
- The result is the net distributable proceeds. Apply the will’s distribution terms or Pennsylvania intestate rules to allocate shares.
- To calculate your percentage: (Your dollar share ÷ Net distributable proceeds) × 100 = Your percentage share.
Short hypothetical example (assumes no will and that siblings are the heirs)
Assume the sale closed with a $300,000 gross price.
- Realtor commission & closing costs: $21,000 (7%)
- Mortgage payoff: $100,000
- Repairs paid from proceeds: $4,000
- Outstanding funeral and debtor bills paid by the estate: $5,000
Net distributable proceeds = $300,000 − $21,000 − $100,000 − $4,000 − $5,000 = $170,000.
If there are two equally entitled siblings, each share = $170,000 ÷ 2 = $85,000, which is 50% of the net distributable proceeds. If you were told you received $80,000, compare the shortfall to the receipts and invoices above and ask the executor for an explanation and supporting paperwork.
What to do if numbers or deductions look wrong
- Ask the executor for a written accounting and supporting documents (closing disclosure, receipts, invoices, payoff statements). Keep your request polite but precise.
- Compare documents to the accounting. Verify each deduction appears on a supporting invoice or statement. Confirm that the mortgage or lien was actually paid off.
- If the executor refuses or the accounting still looks incorrect, you can contact the Register of Wills for the county where the estate is probated or petition the orphan’s court for a formal accounting or an order requiring documentation. The Pennsylvania Courts probate self-help page explains local contacts and procedures: PA Courts — Estate & Probate.
- You can also consult a Pennsylvania attorney who handles probate and fiduciary accounting. An attorney can review the accounting and, if necessary, file exceptions or a petition to compel a formal accounting, surcharge (to recover losses), or removal of the fiduciary for breach of duty.
Timing and practical notes
- Executors often pay debts and estate bills before making distributions. Ask for an accounting before accepting a check so you can verify accuracy.
- Some fees (attorney, accountant, tax) or unexpected creditor claims may reduce the distributable amount after a preliminary distribution. Request written notice before final distribution.
- Keep copies of all correspondence and documents you receive from the executor. Those items help if you later need to raise objections in court.
How Pennsylvania statutes and court offices can help
Review Pennsylvania statutory material on intestacy and estate administration at the Pennsylvania General Assembly site for Title 20: 20 Pa.C.S. — Decedents, Estates and Fiduciaries. If you need court assistance, contact the county Register of Wills or the orphan’s court clerk where the estate is probated. The Pennsylvania Courts overview is here: PA Courts — Estate & Probate Self-Help.
Disclaimer: This information is educational only and does not create an attorney-client relationship. It is not legal advice. For advice about a specific estate, accounting, or court filing in Pennsylvania, consult a licensed Pennsylvania attorney who handles probate and fiduciary matters.
Helpful Hints
- Request the closing disclosure and mortgage payoff first — they show most sale-related numbers.
- Ask for receipts and bank statements showing each payment the executor says was made from sale proceeds.
- Make a simple spreadsheet with gross sale price, each deduction, and the remaining net amount — use the executor’s numbers and your verified documents side-by-side.
- If the estate paid taxes on the sale, check whether the estate claimed deductions the beneficiaries cannot — tax treatment can affect net distribution.
- Keep communications in writing (email or letter) so you have a record of requests and responses.
- If you get a distribution check, you can deposit it but still reserve the right to challenge the accounting until the estate is finally closed; ask a lawyer about the best way to preserve your rights.
- If you are unsure how Pennsylvania intestacy rules apply to your family, bring a family tree and the decedent’s probate documents to a probate attorney for a quick review.