Detailed Answer

Short answer: In Wisconsin you can confirm an executor’s calculation by reviewing the estate inventory and accounting, comparing the sale proceeds and allowed expenses to the estate plan (will) or Wisconsin intestacy rules, and—if needed—asking the probate court to review or compel an accounting. This article explains what documents to request, how to do the math, what typical deductions are, and what legal steps you can take if something looks wrong. This is general information and not legal advice.

Who can expect a share and why it matters

If you are named in the will or you are an intestate heir (a relative who inherits when there is no valid will), you have the right to a correct distribution of the net proceeds from any estate asset sales, including a sibling’s house. The personal representative (executor) owes fiduciary duties to estate beneficiaries, including accurate accounting and fair distribution.

Documents you should request immediately

• Copy of the will (if any) and any codicils.
• Letters testamentary or letters of administration issued by the probate court.
• Signed real estate purchase agreement for the house sale and the closing statement (HUD-1 or Closing Disclosure showing sale price and seller-side costs).
• Itemized inventory of estate assets (the inventory) and any appraisals used.
• Detailed estate accounting or proposed distribution showing receipts, disbursements, commissions, fees, taxes, creditor payments, and the proposed net distributable amount.
• Mortgage payoff statements, lien releases, property tax statements, and receipts for repairs or selling costs (e.g., staging, advertising, commissions).

Basic math: How to calculate your share from the house sale (step-by-step)

1. Start with the gross sale price from the closing statement.
2. Subtract seller-side closing costs and commissions shown on the closing statement (realtor commission, title fees, transfer taxes if any, prorated property taxes paid at closing).
3. Subtract mortgage payoffs and any liens that were paid from sale proceeds.
4. Subtract estate expenses that the executor properly charged against the estate (reasonable repairs, advertising, appraisals, attorney fees if approved, funeral expenses or creditor payments that take priority).
5. The result is the net proceeds from that asset. If the house sale is pooled into a general estate fund, then the estate’s total assets minus debts and allowed expenses equals the distributable estate.
6. Apply the will’s distribution instructions. If there is no will, apply Wisconsin intestacy rules to determine your percentage share (who and what fraction each heir receives).

Example (hypothetical): Sale price $250,000. Seller-side closing costs and commission $18,750 (7.5%). Mortgage payoff $90,000. Repairs and marketing $5,000. Net proceeds = 250,000 – 18,750 – 90,000 – 5,000 = $136,250. If the will leaves the estate 50/50 between you and another sibling, your share of these proceeds (after any other estate-level adjustments) would be roughly half of the distributable estate portion attributable to this asset.

Key Wisconsin law and where to look

Wisconsin law governs probate procedures, the duties of personal representatives, and how estates are administered. For official statutory language and procedural rules, consult the Wisconsin Statutes and the Wisconsin Courts self-help/probate pages. See the Wisconsin statutes on probate (title and chapter material) here: https://docs.legis.wisconsin.gov/statutes/statutes/859. For practical forms and court procedures, see the Wisconsin Courts probate forms and self-help pages: https://www.wicourts.gov/forms1/circuit/index.jsp?category=probate.

What fiduciary duties require of the executor

• Provide beneficiaries with information about estate administration, including inventories and accountings.
• Collect and preserve estate assets, pay valid debts and taxes, and distribute the remaining property according to the will or intestacy statutes.
• Act in the estate’s and beneficiaries’ best interests and avoid self-dealing or undisclosed conflicts.

What to do if numbers or accounting look wrong

1. Ask the executor (politely, in writing) for the detailed accounting and any supporting receipts or closing statements. Request a reasonable time to review.
2. Compare the closing statement and mortgage payoff statement to the executor’s accounting line for the sale proceeds and payoffs.
3. If the executor does not provide the accounting, request help from the probate court clerk about how to compel production or file a simple petition for accounting. Local circuit court clerks can explain filing procedures and forms: https://www.wicourts.gov/services/public/selfhelp/index.htm.
4. If you suspect misconduct (overcharging, hidden fees, misapplied proceeds), consider hiring a probate attorney to review records and advise about filing a petition with the court to compel accounting, surcharge the personal representative, or remove the personal representative if necessary.

Timing and deadlines

Estate administration timelines vary. Executors generally must act promptly in collecting assets and distributing after debts and taxes are resolved. If a formal accounting is required by court order or requested by beneficiaries, the court sets deadlines. If you delay raising objections, you may limit remedies, so act promptly once you spot possible errors.

When to hire an attorney

• If the executor refuses to provide documents or explanations.
• If the accounting contains complex entries (tax questions, business valuations, unusual expenses).
• If you believe the executor violated fiduciary duties, misapplied funds, or charged unreasonable fees.
• If you want the court to audit, compel an accounting, or seek removal or surcharge of the executor.

An attorney can run the numbers, prepare and file the necessary petitions with the probate court, and represent your interests in hearings.

Disclaimer: This explanation is informational only and does not create an attorney-client relationship. This is not legal advice. For advice about your specific situation under Wisconsin law, consult a licensed Wisconsin probate attorney.

Helpful Hints

• Always ask for the closing statement and mortgage payoff when you receive a proposed distribution—those documents show exactly what the executor received and paid out at closing.
• Keep a written paper trail: email or letter requests for records create a record if you later need court action.
• Learn the will’s language or the intestacy order before doing calculations; distribution depends on those rules.
• Look for duplicate charges or vague line items—ask for receipts or vendor invoices for large expenses.
• Check whether the executor charged a commission or fee and whether it’s reasonable under Wisconsin practice; fee disputes are a common contested issue.
• If you’re unsure how to calculate your share, create a simple spreadsheet that lists gross sale price, itemized deductions, net proceeds, and then apply the distribution fractions from the will or intestacy rules.
• If the estate has tax obligations (federal or state), ask whether reserves were withheld for taxes before distribution; tax liabilities can reduce available distribution amounts.
• Use the probate court clerk as a resource for procedural questions—clerks can’t give legal advice but can point you to forms and filing rules.

If you want, I can outline a sample letter you can send to the executor requesting the accounting and supporting documents, or help walk through a hypothetical calculation step-by-step with numbers you provide.