Detailed Answer
Under Tennessee probate practice, beneficiaries have the right to see the estate paperwork and to verify the math an executor (personal representative) used to calculate any distribution from the sale of estate real property. The steps below explain what to look for, how to recompute the share yourself, and what remedies are available if the numbers don’t add up. This is an educational summary and not legal advice.
1. Confirm how the home passed into the estate
Before checking numbers, confirm whether the house was estate property at all. If the deed named the decedent alone, the house generally becomes part of the probate estate. If it was owned jointly with rights of survivorship or held in a trust, it may have passed outside probate. You can check the deed at the county register of deeds office or ask the executor for a copy.
2. Ask for the key documents
Request (in writing) copies of:
- The will (if any) and the probate filing.
- Inventory and appraisement filed with the probate court.
- The closing statement for the house sale (HUD-1 or Closing Disclosure) showing sale price and line-item costs.
- Mortgage payoff demand or lien releases.
- Receipts or invoices for repairs, commissions, closing costs, taxes, and estate administration expenses paid from sale proceeds.
- The executor’s final accounting (or interim account if the estate is not closed).
The probate court file will typically include the inventory and any accountings the executor has filed. Tennessee’s courts and the probate clerk are points of contact for filings: https://www.tncourts.gov/ and general Tennessee legislation resources: https://www.capitol.tn.gov/.
3. Recompute the net sale proceeds
Start from the gross sale price and subtract all allowable charges paid from the sale before distribution. Common items deducted include:
- Mortgage payoff and other liens recorded against the property.
- Real estate commission(s).
- Title and closing fees paid out of proceeds.
- Prorated property taxes, condo/HOA assessments due at closing.
- Repair costs or contractor invoices the estate paid to prepare the house for sale.
- Court-approved executor fees and attorney fees (if the court approved payment from estate funds).
- Any other closing costs or lien discharges shown on the closing statement.
Example (hypothetical): Sale price $200,000 — mortgage payoff $50,000 — commission $12,000 — closing/title fees $3,000 — repairs $5,000 = net proceeds $130,000.
4. Determine your share under the will or Tennessee intestacy rules
If there is a valid will, the will controls the shares. If there is no will, Tennessee’s rules of descent and distribution determine who inherits and in what fractions. Typically, when a decedent leaves no surviving spouse or descendants, surviving parents or siblings can inherit under intestacy. The exact distribution depends on the survivors; check the probate file or the Tennessee Code for the statutory order of distribution: https://www.capitol.tn.gov/ (search “intestate succession” or “descent and distribution”).
Using the hypothetical net proceeds above, if two siblings are the only inheritors and shares are equal, each sibling’s gross share would be $65,000 (50% of $130,000).
5. Compare your expected share to what you received
Ask the executor for a statement showing the calculation: net proceeds and the fraction applied to compute your check. Check each deduction against the closing statement and receipts. If the executor has charged fees or taken reimbursement beyond what the records show, request a detailed explanation and supporting invoices.
6. Understand what the executor may legally deduct
An executor may use estate funds to pay valid claims of the estate (mortgages, liens, invoices), ordinary administration expenses, and court-approved attorney or personal representative fees. Reimbursements to the executor for out-of-pocket expenses are generally allowable if documented. However, personal or unauthorized deductions are improper.
7. If numbers don’t match: next steps
- Send a written request for a full accounting and copies of supporting documents if you have not already done so.
- Visit the probate court clerk and review the estate filings (inventory, accountings, petitions for fees, final distribution). Probate filings are public in most counties.
- If the executor refuses or the accounting appears incorrect, you may file a petition in probate court to compel an accounting, surcharge the executor (seek recovery for losses caused by misconduct), or remove the executor for breach of fiduciary duty.
- Consider hiring a Tennessee probate attorney to review the accounting and, if necessary, represent you in court. The probate rules and local practice can affect deadlines and procedures.
Practical checklist for verifying the calculation
- Obtain the deed and confirm how title was held.
- Get the closing statement and all receipts for items deducted from sale proceeds.
- Confirm mortgage and lien payoff amounts with lien holders.
- Recalculate net proceeds and multiply by your beneficiary fraction.
- Compare your calculation line-by-line with the executor’s accounting.
- If discrepancies remain, request a court-ordered accounting and consider legal help.
Where to find Tennessee court and probate resources
For forms and general probate information, start with the Tennessee Courts website: https://www.tncourts.gov/. For statutory language, search the Tennessee Code on the Tennessee General Assembly site: https://www.capitol.tn.gov/.
Important practical point
Timing matters. If you believe the executor is withholding information or has misapplied estate funds, act promptly. Probate matters can have deadlines for objections, final distributions, and contesting accounts.
Disclaimer: This is general information about Tennessee probate procedures and is not legal advice. Laws change and every case is different. Consult a licensed Tennessee probate attorney for advice about your specific situation.
Helpful Hints
- Keep all requests in writing (email or certified mail) so there is a record.
- Ask for the HUD-1/Closing Disclosure — it shows every deduction taken at closing.
- If you cannot afford a lawyer, check whether local legal aid or the county bar association has low-cost probate advice clinics.
- Look for petitions filed in probate court that seek approval of executor or attorney fees — those petitions often explain the requested deductions.
- Double-check lender payoff figures with the mortgage company rather than relying only on the executor’s statement.
- When computing splits, use the net proceeds (after valid estate expenses) unless the will or court order specifies otherwise.
- If the house had tenants, check accounting for security deposits and prorated rents collected or returned.