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What controls how much you should receive

Who gets what from a sibling’s estate in Washington depends on two things: (1) whether the decedent left a valid will and (2) the estate’s net distributable value after paying liens, taxes, creditor claims, and administration costs. Washington’s probate law is in Title 11 of the Revised Code of Washington (RCW). For the rules that apply when there is no will (intestate succession), see RCW chapter 11.04: https://apps.leg.wa.gov/rcw/default.aspx?cite=11.04. You can review the full probate code at https://apps.leg.wa.gov/rcw/title11/.

Step‑by‑step: how to confirm the executor’s math

1. Confirm your legal status in the estate.

   Find out whether there is a will and whether you are named. If there is no will, determine heirs under Washington’s intestacy rules (RCW 11.04). If there is a will, the executor must follow its directions.

2. Obtain the probate case number and file location.

   Probate actions are filed in the Superior Court of the county where the decedent lived. Ask the executor for the case number or contact the county clerk and ask whether probate was opened and get the file number.

3. Request the key documents.

   Ask the personal representative (executor) for copies of: the will (if any); Letters Testamentary or Letters of Administration; the inventory and appraisal or schedule of estate assets; the settlement/closing statement for the house sale (HUD‑1 or Closing Disclosure); mortgage payoff statements; invoices for repairs, realtor commissions, and closing costs; creditor claim statements; and the proposed or final accounting/distribution schedule. The probate court file typically contains many of these documents; you can request copies from the court clerk.

4. Recreate the executor’s calculation.

   Typical computation steps an executor should follow:

   • Start with the gross sales price of the house.
   • Subtract secured liens and mortgage payoffs that were paid from sale proceeds.
   • Subtract seller closing costs and transaction expenses (commissions, title fees, transfer taxes, escrow fees).
   • Subtract estate administration expenses and allowed creditor claims (probate fees, funeral costs, attorney fees where allowed, outstanding debts).
   • The remainder is the net distributable estate (or the portion of the estate attributable to the house if the executor allocates assets by source).
   • Apply the will’s distribution directions or the intestacy shares to that distributable amount.

   If the executor took a different approach (for example, allocates a portion of household items or reimbursed certain expenses to the estate first), identify those adjustments and ask for documentation supporting them.

5. Use a concrete hypothetical to check arithmetic.

   Example: house sold for $400,000. Mortgage payoff $120,000; realtor commission $24,000 (6%); title/closing cost $3,000; outstanding creditor claims paid from estate $5,000. Net distributable from that sale = 400,000 − 120,000 − 24,000 − 3,000 − 5,000 = $248,000. If you and one other sibling inherit equally, each gets 50% of $248,000 = $124,000. Compare this to the executor’s figure and ask for line‑item backup for any differences.

6. Ask for an accounting (and how to get a court‑ordered accounting).

   If the executor has not provided a full accounting, request one in writing. An accounting shows receipts, disbursements, distributions, and the executor’s calculations. If the executor refuses or you suspect errors, you can petition the probate court asking the judge to require a formal accounting or to review the executor’s actions. The probate code and local court rules cover petitions and hearings; start by contacting the probate clerk in the county where the estate is opened (see Washington courts: https://www.courts.wa.gov/).

7. When to consider legal help.

   If the accounting still looks wrong, if the executor refuses to share records, or if you suspect misappropriation, consult an attorney experienced in Washington probate law. An attorney can help you petition the court for an accounting, removal or surcharge of the personal representative, or other relief.

What rights and protections you have

• Heirs and beneficiaries generally have the right to see probate filings and to request an accounting of estate administration.
• The executor has a fiduciary duty to act in the estate’s and beneficiaries’ best interests. If the executor breaches that duty, beneficiaries may seek relief through the probate court.
• Statutory guidance for intestate distribution is in RCW chapter 11.04: https://apps.leg.wa.gov/rcw/default.aspx?cite=11.04. For other provisions in the probate code, see Title 11 main page: https://apps.leg.wa.gov/rcw/title11/.

Practical checklist to follow immediately

1. Get the probate case number from the executor or county clerk.
2. Request these documents in writing: will (if any), Letters, inventory, house sale closing statement, mortgage payoff, invoices for expenses, proposed/final accounting.
3. Recompute the distributable amount using the simple formula in Step 4 above.
4. Compare your calculation to the executor’s distribution and ask for line‑item explanations of discrepancies.
5. If the executor won’t provide documents or the numbers don’t add up, talk with a probate attorney about petitioning the court for an accounting or other relief.

Helpful Hints

• Keep all requests in writing (email or letter) so you have a record of what you asked for and when.
• Save all documents you receive and build a simple spreadsheet that lists gross proceeds and every deduction the executor claims.
• Ask for original closing statements and lien payoff letters rather than summaries or verbal statements.
• If the estate paid professionals (attorneys, appraisers, realtors), ask for invoices and proof of payment.
• If computation differences are small, consider asking for mediation before filing a court petition—court remedies are available but can be costly and slow.
• Contact the county probate clerk for help locating filings and to learn local procedures for objecting or requesting hearings.
• When possible, act promptly. Probate has procedural deadlines for claims and for disputing certain actions; an attorney can advise about timing.