Detailed answer
This article explains, in plain language, how to check whether a personal representative (executor) under South Dakota law correctly calculated your percentage share from the sale of a sibling’s house. It assumes you have no prior legal knowledge. This is education only and not legal advice.
1. Identify whether the house was a probate asset
Not every house sale goes through probate. Confirm whether the home belonged to the decedent’s probate estate. Common non‑probate situations include:
- Joint tenancy with right of survivorship (transfer outside probate to the surviving owner)
- Property held in a living trust (trust terms control)
- Payable‑on‑death or transfer‑on‑death designation
If the house was a probate asset, the personal representative handles sale proceeds as part of estate administration. If it was non‑probate, the sale proceeds may not be subject to distribution under the will or intestacy and you may have less recourse through probate.
2. Confirm your legal share (will vs. intestacy)
What percentage you should receive depends on whether the decedent left a valid will and what that will says. If there is a will, the will’s terms control distribution. If there is no will (intestate), South Dakota’s intestacy rules determine who gets what. If you are unsure whether a will exists, ask the probate court clerk or the personal representative.
3. Ask the personal representative for an accounting and supporting documents
State clearly that you want a written accounting of the estate showing how the net distributable proceeds from the house sale were calculated. Ask for copies of all documents that support the numbers, including:
- Real estate closing/settlement statement (HUD‑1 or Closing Disclosure)
- Deed showing title at time of death
- Mortgage payoff statement and lien releases
- Real estate commission invoices
- Receipts for repairs or improvements made to ready the house for sale
- Estate bank statements showing deposit of sale proceeds
- Probate inventory listing the house and the value assigned
- Proof of payment of taxes, funeral expenses, creditor claims, and probate costs
4. How to check the math — basic formula and a sample calculation
Basic approach:
- Start with gross sale price.
- Subtract encumbrances that were paid from the sale (mortgage payoff, liens).
- Subtract closing costs and real estate commissions.
- Subtract estate expenses that the sale paid (reasonable repairs, advertising, probate costs, taxes, creditor claims attributable to the estate).
- The remainder is the net probate proceeds from that asset. Your distribution equals your fractional share of the estate as established by the will or intestacy rules.
Example (hypothetical):
- Sale price: $300,000
- Mortgage payoff: $150,000
- Realtor commission (6%): $18,000
- Closing costs, taxes, repairs and other estate expenses: $13,000
- Net probate proceeds = 300,000 − 150,000 − 18,000 − 13,000 = $119,000
- If your share (from the will or intestacy) is one‑third, your distribution = 119,000 × 1/3 ≈ $39,666.67
5. Watch out for common pitfalls and allowable deductions
Items commonly deducted from proceeds that are typically allowable when properly documented:
- Mortgage and other valid liens paid off at closing
- Reasonable real estate commissions and closing costs
- Documented repairs required to market the property
- Estate administration expenses (attorney fees, filing fees) — if properly authorized
Items that may be questionable or require proof:
- Large or vague “administrative” charges with no receipts
- Payments to related parties without a written agreement
- Personal expenses of the personal representative charged to the estate
6. What to do if numbers don’t add up
- Ask the personal representative for a clear line‑item explanation in writing and copies of the underlying documents.
- If the explanation is unsatisfactory, contact the probate court clerk and ask how to file a formal request for accounting or a challenge. The clerk can explain local procedures and deadlines.
- You may file an objection in probate court or request a court‑ordered accounting. The court can require the personal representative to produce records and explain discrepancies.
- If you suspect misconduct (misappropriation, self‑dealing, or unjustified deductions), consult a probate attorney promptly about filing a petition for surcharge or removal of the personal representative.
7. Practical tips for communicating and documenting
- Put requests in writing and keep copies (email is fine).
- Request certified or notarized copies only when you have trouble getting cooperation; otherwise, plain copies are usually sufficient.
- Keep a running list of documents you receive and the dates you receive them.
- Be polite but firm. Many issues resolve once the personal representative provides proper documentation.
8. When to consult an attorney
Talk with a probate attorney if:
- The personal representative refuses to provide any accounting or documents.
- Numbers still don’t make sense after you get supporting documents.
- You suspect fraud, self‑dealing, or unauthorized payments.
- The estate has complex assets or tax problems.
Helpful hints
- First step: confirm whether the house was a probate asset. That determines whether you can demand an accounting through probate.
- Focus on the distributable net proceeds, not the gross sale price.
- Ask for the closing statement (settlement statement) — it shows mortgage payoff and commissions line by line.
- Keep a simple worksheet so you can reproduce the math yourself from the documents you receive.
- If the estate is open in a South Dakota probate court, the probate clerk can explain filing procedures and the typical timeline for objections and accountings.
- Document all communications and save receipts and copies of everything you receive.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. I am not a lawyer. For advice about your specific situation — including how South Dakota probate rules apply to the sale proceeds and your rights — consult a licensed South Dakota probate attorney or contact the probate court in the county where the estate is being administered.