Detailed answer: How to confirm the executor correctly calculated your percentage share from the sale of your sibling’s house under Rhode Island law

Quick summary: As a beneficiary in a Rhode Island probate estate, you have the right to request the executor’s accounting and supporting documents, check how the sale net proceeds were computed, and challenge any errors or unjust charges in probate court. Below is a step‑by‑step guide that assumes no prior legal knowledge and uses a simple hypothetical example to make calculations clear.

1. What an executor must do before distributing sale proceeds

The executor (personal representative) must gather and preserve estate assets, pay valid debts and expenses, and distribute the remainder to heirs or beneficiaries according to the will or Rhode Island’s intestacy rules. That process usually includes preparing a formal accounting or final report showing:

• Gross sale price and copy of the closing statement (settlement statement/HUD-1 or closing disclosure)
• Payoff amounts for mortgages and liens
• Realtor commissions and closing costs
• Repair or prep costs incurred to make the house sellable
• Estate administration expenses and debts paid from sale proceeds
• Net proceeds available for distribution and the shares paid to beneficiaries

Rhode Island law governs how property is distributed by will or by intestacy if there is no will. You can review the state statutes for wills, administration, and intestacy at the Rhode Island General Laws (Title 33): https://webserver.rilin.state.ri.us/Statutes/TITLE33/. For practical probate court resources, see the Rhode Island Judiciary site: https://www.courts.ri.gov/.

2. Step‑by‑step: How to confirm the executor’s math and allocations

Step A — Ask for the executor’s accounting and documents

Request copies of:

• The will (if one exists) and any codicils
• Letters testamentary or letters of administration (proof the executor has authority)
• Full closing statement for the house sale (showing sale price, commissions, payoffs, closing costs)
• Mortgage payoff statements and lien releases
• Invoices/receipts for repairs, staging, and other sale expenses
• Bank statements or estate ledger showing money in and out related to the sale

Step B — Reproduce the core calculation

Follow these calculation steps the executor should have used:

1. Start with the gross sale price shown on the closing statement.
2. Subtract any lien or mortgage payoffs disbursed at closing.
3. Subtract realtor commissions and title/closing fees allocated to seller.
4. Subtract repairs, inspection items, and any pre‑sale costs the estate paid from the proceeds.
5. Subtract estate debts and valid administrative expenses paid from the sale proceeds.
6. The remainder equals net distributable proceeds.
7. Apply the beneficiaries’ share percentages (from the will or intestacy rules) to the net distributable proceeds.

Step C — Check whether shares are percentage or specific amounts

If the will states a percentage (for example, 50%), multiply the percentage by the net distributable proceeds. If the will awards specific dollar amounts, those must be paid before residual distributions. If the decedent died without a will, the estate will pass under Rhode Island intestacy rules (see Title 33 for intestacy order).

Step D — Verify fees and expenses

Confirm realtor commissions and closing costs match the closing statement and any contracts (listing agreement). Check that repairs or other charges have supporting invoices. Executors may receive compensation and reimbursement for reasonable expenses; ask the executor to show the legal basis for any compensation or unusual charges.

3. A simple hypothetical example

Facts (hypothetical): sale price $300,000; mortgage payoff $150,000; realtor commission 6% ($18,000); closing costs $5,000; repairs before sale $2,000; other estate debts paid from proceeds $10,000.

Computation:

• Gross sale price: $300,000
• Less mortgage payoff: -$150,000
• Less realtor commission: -$18,000
• Less closing costs: -$5,000
• Less repairs: -$2,000
• Less other debts: -$10,000
• Net distributable proceeds = $115,000

If the will leaves the residue 50/50 to you and another sibling, your share = 50% of $115,000 = $57,500. If you were told a different amount, run the numbers against the actual closing statement and invoices.

4. What if numbers don’t match or documents are missing?

Beneficiaries have rights in Rhode Island probate to review and challenge the executor’s actions:

• Ask the executor informally for missing documents and explanations.
• If you don’t get adequate information, request a formal accounting from the probate court or file exceptions to the accounting once it is filed.
• You may petition the probate court to compel the executor to produce records, to surcharge (require repayment) for improper deductions, or to remove an executor for misconduct.

Contact the probate clerk if you need help accessing filings in the estate file at the local probate court. The Rhode Island Judiciary website can point you to local probate rules and court contact information: https://www.courts.ri.gov/.

5. When to get professional help

Consider hiring a probate attorney if:

• The executor refuses to provide required documents.
• There are large, unexplained deductions or apparent self‑dealing.
• You need to file formal objections or petitions in probate court.
• You want an independent review of the accounting by a forensic accountant or CPA.

Helpful hints — practical checklist

• Get copies of the will and letters testamentary as your first step.
• Request the full closing statement (it shows gross sale price, payoffs, and seller disbursements).
• Ask for receipts for any repairs or pre‑sale expenses the executor claims were paid from the proceeds.
• Recreate the math yourself in a spreadsheet: gross price minus payoffs and expenses = net distributable proceeds; then apply your percentage.
• Keep written records of all requests to the executor and any responses.
• If unsure about accounting entries or tax items, consult a CPA experienced with estates.
• If you suspect mismanagement, consult a probate attorney early to preserve rights and timelines.

Useful Rhode Island resources

• Rhode Island General Laws (Title 33 — Wills, Trusts, and Administration): https://webserver.rilin.state.ri.us/Statutes/TITLE33/
• Rhode Island Judiciary (probate court information and contacts): https://www.courts.ri.gov/

Final note: This article explains typical steps to verify an executor’s calculation of proceeds in Rhode Island. It is not legal advice. If you need advice tailored to your specific situation, consult a licensed Rhode Island probate attorney.