Wyoming: How to Verify an Executor’s Calculation of Your Share from a Sibling’s House Sale

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

How to verify an executor’s calculation of your percentage share from the sale of a sibling’s house (Wyoming)

Short answer: Ask the personal representative (executor) for the estate accounting and sale paperwork, confirm how the gross sale price was reduced by selling costs, mortgages, taxes, and allowed estate expenses, then confirm your percentage is applied to the correct net amount. If you disagree, you can request a court-ordered accounting or seek legal help. This article explains the steps, a sample calculation, and the statutory tools available under Wyoming law.

Detailed answer — what to review and how to check the math

1. Confirm who controls the property and what the will (or Wyoming intestacy law) says

First determine whether distribution is governed by a valid will or by Wyoming intestacy rules. If there is a will, read the relevant clauses to see whether the house is left as a specific devise (the house itself), a monetary gift, or a percentage of the estate (a fractional share). If there is no valid will, Wyoming’s intestate succession rules control who inherits and in what proportion. For Wyoming statutory text and overview, see the Wyoming Legislature website: https://wyoleg.gov/ (look under Title 2 for wills and administration).

2. Ask for the key documents you need to verify the calculation

  • Copy of the will (if any) and the court appointment order naming the personal representative.
  • Inventory of estate property and filed estate account (the personal representative typically must prepare an inventory and periodic accountings).
  • Sales contract, closing statement (HUD-1 or Closing Disclosure), and proof of funds received from the sale.
  • Documents showing costs taken out of the sale proceeds: real estate commissions, repairs required by sale, closing costs, title charges, unpaid real property tax, and any mortgage payoff or liens satisfied at closing.
  • Receipts or invoices for estate administration expenses paid from sale proceeds (funeral expenses, legal fees, appraisal fees, etc.).

Wyoming personal representatives typically file an inventory and may be required to file an accounting with the probate court. You can also ask the court clerk how to obtain filed pleadings and accountings. See the Wyoming judicial branch homepage for probate self‑help resources: https://www.courts.state.wy.us/.

3. Understand which dollars are distributable — how to get from gross sale price to distributable net

Work through these deductions in order. The net distributable amount is what beneficiaries share after mandatory reductions:

  1. Start with the gross sale price (the contract price the house sold for).
  2. Subtract closing costs and seller-paid items (real estate commission, escrow fees, title charges, recording fees).
  3. Subtract any mortgages, liens, or judgments paid off at closing.
  4. Subtract probate or estate administration expenses paid from the proceeds (court costs, attorney fees, accountant fees if properly authorized, advertising for creditors where applicable).
  5. Subtract funeral and other debts of the decedent that were paid from estate funds if required by the court order or applicable law.
  6. What remains (after the above) is the net estate amount derived from the house sale available for distribution, unless the will directs otherwise (for example, the will might give the house itself to someone, or give certain specific amounts before percentage distributions).

4. Calculate your share

Two common situations:

  • If the will (or intestacy) gives you a percentage of the residuary estate, your share is that percentage of the residuary estate after paying debts, expenses, and specific gifts.
  • If the will gives you a percentage of the proceeds of the house sale specifically, your share is that percentage of the net sale proceeds (after the allowable deductions listed above).

Sample calculation (hypothetical numbers):

  • Gross sale price: $300,000
  • Real estate commission & closing costs: $24,000
  • Mortgage payoff: $50,000
  • Estate administration expenses (court, legal, repairs paid at closing): $6,000
  • Net distributable from sale = $300,000 − $24,000 − $50,000 − $6,000 = $220,000
  • If your will/entitlement is 25%, your share = 25% × $220,000 = $55,000

5. Watch for special rules that change the math

Be careful about these common complications:

  • Specific bequests: A will may give fixed-dollar gifts or give the house itself to a particular person. Specific gifts may be paid before or reduced against residuary distributions, depending on the will’s language and state law.
  • Advancements: A lifetime transfer to an heir may be treated as an advance against inheritance in some situations if the will or the law provides for it.
  • Taxes: Estate taxes are uncommon in Wyoming at the state level, but any federal tax obligations or deferred tax liens could affect net proceeds.
  • Creditor claims: Valid creditor claims must be paid before distributions. The estate must follow Wyoming procedures for notice to creditors and adjudicating claims.

6. If the figures don’t add up: request an accounting, ask questions, or file an objection

If the personal representative won’t provide paperwork or the accounting seems incorrect, you have procedural options under Wyoming probate law. You may:

  • Formally request the estate accounting in writing and ask the court clerk how to obtain filed accountings.
  • File a petition in the probate court seeking a formal accounting, clarification, or relief (for example, to surcharge the personal representative for improper deductions if appropriate).
  • Object in court to specific items in the accounting within the time limits allowed by Wyoming probate rules.

Procedures and deadlines vary, so check local court rules or consult an attorney. The Wyoming statutes and local court rules explain the personal representative’s duties and the beneficiary’s rights; see the Wyoming Legislature site for statutory language and your local probate court for filing forms: https://wyoleg.gov/ and https://www.courts.state.wy.us/.

Helpful hints — what to do step-by-step

  1. Ask the personal representative for the written will (if any), the court appointment order, the closing statement for the house sale, and the estate inventory/accounting.
  2. Get copies of the closing documents and the final settlement statement that shows what was paid to each party at closing.
  3. Make a simple spreadsheet: list gross sale price, subtract commissions, mortgage payoffs, closing costs, and authorized estate expenses to reach net distributable proceeds.
  4. Confirm whether your interest is a fraction of the house sale proceeds or a fraction of the residuary estate. Apply your percentage to the correct base amount.
  5. If things still look wrong, send a written request for clarification to the personal representative and keep copies of all correspondence.
  6. If the representative refuses or you have a dispute, consult an attorney experienced in Wyoming probate to review the accounting and advise on filing a petition in probate court.
  7. If you decide to litigate, preserve all documents, receipts, and communications; the court will want proof of amounts claimed by the personal representative.

Where to look in Wyoming law and court resources

Wyoming statutes and the Wyoming courts provide the legal framework for wills, probate administration, inventory and accounting, and beneficiary rights. For statutory text and legislative materials, start at the Wyoming Legislature’s website: https://wyoleg.gov/ (see Title 2 on wills and estate administration). For court procedures and local probate forms, contact your county probate court or use the Wyoming Judicial Branch site: https://www.courts.state.wy.us/.

When to get professional help

If the accounting is complex, if large sums are in dispute, or if the personal representative refuses to provide documents or appears to have misapplied estate funds, talk with a probate attorney in Wyoming. An attorney can review documents, re-run the math, file petitions or objections in probate court, and represent you at any hearings. You can also consult an accountant if tax or complex financial issues affect the distribution.

Disclaimer: This article explains general principles of Wyoming probate practice to help you understand typical steps and documentation. It is not legal advice, and it does not create an attorney-client relationship. For advice specific to your situation, consult a Wyoming probate attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.