Detailed Answer
Short answer: Ask the personal representative (executor) for a written final accounting and the closing documents for the sale. Confirm the executor started with the gross sale proceeds, subtracted valid liens and sale costs, then deducted estate debts and allowed fees, and finally applied the percentage or share set by the will (or by Utah intestacy rules) to the net proceeds. If the math or records do not match, you may ask the court to compel a formal accounting or hire an attorney to challenge the distribution.
What the executor must show you
The personal representative should be able to produce, and explain, all records that support how your share was calculated. Key items to request:
- Closing statement from the house sale (HUD-1 or Closing Disclosure) showing gross sale price and seller-side items (realtor commissions, title fees, recording fees, prorations).
- Mortgage payoff statement(s) and documentation of any other liens paid from sale proceeds.
- Receipts or invoices for repairs, agreed sales-related expenses, and any estate debts paid from the proceeds (creditor claims, taxes, funeral costs).
- The estate inventory or schedule of assets and liabilities the executor filed with the probate court.
- The executor’s accounting or proposed distribution showing how they arrived at net proceeds and your percentage calculation.
- The will (if there is one) or court paperwork showing intestate heirs and percentages if the decedent died without a will.
How to check the math — step by step
Follow these steps when you have the documents:
- Start with the gross sale price on the closing statement.
- Subtract mortgage payoff(s) and any lien payoffs shown on the closing statement.
- Subtract seller-side closing costs: realtor commission, title and escrow fees, recording fees, transfer taxes, any agreed seller credits, and pro-rated property taxes if applicable.
- Subtract reasonable estate expenses paid from the sale proceeds (costs of repair explicitly authorized, advertising, court-ordered fees, reasonable executor compensation if allowed or approved by the court, and valid creditor claims paid by the personal representative).
- The result is the net proceeds available for distribution. Apply the will’s percent share (for example, 1/3) or the heir’s share required under Utah intestacy rules to that net amount.
Example (hypothetical numbers)
Suppose the house sold for $300,000. Mortgage payoff: $50,000. Realtor commission (6%): $18,000. Title and closing fees: $2,500. Repairs pre-sale: $5,000. Estate debts paid from proceeds: $10,000. Executor fee approved by court or authorized by law: $4,000.
Net proceeds = 300,000 – 50,000 – 18,000 – 2,500 – 5,000 – 10,000 – 4,000 = $210,500.
If the will says you get 1/3, your share = 1/3 × 210,500 = $70,166.67.
What to watch for (common problems)
- Missing or redacted closing statements — the executor must show the full closing statement and lien payoffs.
- Unexplained repairs or unusually large “miscellaneous” charges without receipts.
- Self-dealing — for example, the executor sells the house to a relative at an unusually low price without court approval.
- Executor fees that are higher than what the will allows or higher than what the court would consider reasonable.
Your rights under Utah practice
As an heir or beneficiary, you generally have the right to reasonable information about the estate and to demand an accounting of how assets were handled and distributed. If informal requests do not produce a satisfactory accounting, you can ask the probate court to compel the personal representative to file a formal accounting or to approve the proposed distribution in a hearing. The Utah Courts website has practical guidance on probate procedures and how to request records from the personal representative: https://www.utcourts.gov/howto/probate/.
When to involve a lawyer
Consider talking to an attorney if:
- The executor refuses to produce supporting documents.
- The accounting contains large unexplained items or possible self-dealing.
- The distribution appears to ignore the will or Utah’s inheritance rules.
- You believe the executor breached fiduciary duties or misappropriated estate funds.
Utah’s probate laws govern the duties of personal representatives and the distribution of estates. The Utah Courts site explains probate steps and how to ask the court to require an accounting: https://www.utcourts.gov/howto/probate/personalrep/. For text of Utah statutes, search the Utah Code on the Utah Legislature website: https://le.utah.gov/.
Disclaimer: This is general information about Utah probate practice and is not legal advice. For advice about your specific situation, consult a licensed Utah attorney familiar with probate and estate administration.
Helpful Hints
- Request the closing statement first — it often answers the biggest questions about exactly what was paid out of sale proceeds.
- Ask for receipts for repairs and invoices for any amounts the executor deducted before distribution.
- Compare the sale closing statement to the executor’s accounting line-by-line.
- Keep a written trail: make requests by email so you have records of your demands and the executor’s responses.
- If you receive a proposed distribution, ask the executor to provide a short worksheet showing gross sale price → itemized deductions → net proceeds → your percentage calculation.
- If the will is unclear, or the estate is large or contested, consider a probate attorney early — small errors in accounting can become costly or hard to fix later.
- Use the Utah Courts how-to pages for forms and procedural steps: https://www.utcourts.gov/howto/probate/.