Connecticut — How to Confirm Your Percentage Share from the Sale of a Sibling’s House | Connecticut Probate | FastCounsel
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Connecticut — How to Confirm Your Percentage Share from the Sale of a Sibling’s House

How to confirm your percentage share from the sale of a sibling’s house in Connecticut

Short answer: Ask the personal representative (executor) for the estate accounting and the real‑estate closing statement, compare the net sale proceeds after mortgages and allowed estate expenses, and apply the distribution terms in the will or Connecticut intestacy rules. If numbers don’t match or you can’t get the records, ask the Probate Court to require an accounting or consult an attorney. This article explains the documents to request, how to do a basic check, and how to raise concerns under Connecticut probate practice.

Disclaimer

This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, contact a Connecticut probate attorney or the local Probate Court.

Detailed answer — step‑by‑step

1. Identify how the house interest is supposed to pass

First determine whether the house (or the decedent’s interest in it) passes under a will or by intestacy:

  • If there is a will: the will controls distribution. The will may leave the house (or proceeds from its sale) to one or more named beneficiaries or direct that assets be converted to cash and divided by percentage.
  • If there is no will (intestate): Connecticut probate law governs who inherits and in what shares. The Probate Court can explain which relatives are beneficiaries for an intestate estate.

Ask the personal representative for a copy of the will (if any) and for documents filed with the Probate Court that show who the beneficiaries are.

2. Request the key documents you need to verify the calculation

Under normal probate practice the personal representative should provide a full accounting on request and file required inventories and accountings with the Probate Court. To confirm the percentage, request copies of:

  • The will or a court document identifying beneficiaries (if intestate).
  • The real‑estate closing statement for the house sale (HUD‑1 or Closing Disclosure) showing gross sale price, real‑estate commissions, prorations, title fees, and payoffs.
  • Mortgage payoff statements and lien releases showing amounts actually paid to clear the deed.
  • Receipts/invoices for sale‑related expenses (repairs, staging, broker fees, closing costs).
  • The estate’s inventory and the executor’s accounting, including a schedule showing gross receipts and deductions (debts, funeral costs, taxes, administration expenses, executor fees, attorney fees).
  • Any court orders approving the sale or the accounting (if the sale was supervised by the Probate Court).

You can ask the personal representative in writing for these documents. The Probate Court can require an accounting if the representative refuses.

3. Understand the basic math: how the beneficiary percentage is applied

Most commonly, the calculation works like this:

  1. Start with the gross sale price.
  2. Subtract mortgages and lien payoffs actually paid at closing.
  3. Subtract closing costs and sale expenses (broker commission, title fees, prorations, customary closing costs).
  4. The result is the net proceeds from the sale attributable to the estate.
  5. Add or subtract other estate receipts and allowable expenses (creditor claims paid, funeral expenses, taxes, administration expenses) according to the estate accounting rules.
  6. Apply the beneficiary’s share (the percent given in the will or the share under intestacy) to the net distributable estate (or to the net proceeds from that particular asset, if the will directs a specific asset be split by percentage).

Example (hypothetical):

  • Gross sale price: $300,000
  • Mortgage payoff: $120,000
  • Broker commission and closing costs: $24,000
  • Net sale proceeds to estate: $156,000 (300,000 − 120,000 − 24,000)
  • If your will share is 25%, your share from the net proceeds would be 0.25 × $156,000 = $39,000 (subject to any other estate‑level expenses or liens that the accounting apportions differently).

Note: Some wills direct that gross proceeds be divided before paying certain expenses, or that specific costs be charged to particular assets; follow the will’s directions if they exist.

4. Watch for commonly disputed items

When reviewing the numbers, pay attention to:

  • Whether the mortgage payoff and lien releases match the closing statement.
  • Large or unclear “administration” or attorney fees—these should be documented and reasonable.
  • Repairs or vendor invoices paid out of sale proceeds—verify they were necessary and properly invoiced.
  • Any taxes (e.g., federal or state estate taxes or income tax on sale) that the executor deducted from distributable proceeds—ask for documentation.
  • Whether the executor charged a commission or statutory/approved compensation; check whether the Probate Court approved it.

5. Use the Probate Court if you need formal review

If the personal representative does not provide clear records or you believe the accounting is wrong you have options:

  • Request a formal accounting from the personal representative in writing and set a reasonable deadline.
  • If the accounting is filed with the Probate Court, you can review the filed documents—Probate Courts maintain files available to interested persons.
  • If you remain unsatisfied, file an objection or petition with the Probate Court asking the court to order a formal accounting, require documentation, or resolve disputes over distributions. The court can review, require refunds, or order other relief.

For general information about Probate Court rules and forms in Connecticut, see the Connecticut Judicial Branch Probate webpage: https://www.jud.ct.gov/probate/. For Connecticut statutes and the text of probate law, see the Connecticut General Assembly website: https://www.cga.ct.gov/current/.

6. When to consult an attorney

Talk with a Connecticut probate or estate attorney if:

  • The executor refuses to share accounting documents.
  • Numbers on the closing statement don’t match the accounting or lien payoffs.
  • You suspect improper self‑dealing, excessive fees, or a breach of fiduciary duty.
  • The estate is complex (tax issues, multiple claims, or contested will).

Helpful Hints

  • Ask for documents in writing and keep copies of your requests—this creates a record you can show the Probate Court.
  • Start by asking politely for a simple accounting and the house closing statement; many misunderstandings clear up with a single set of papers.
  • Compare the closing disclosure line‑by‑line to mortgage payoff letters and title documents—these should match on amounts paid and liens released.
  • If the will states an asset is to be sold and the proceeds divided, the sale net proceeds—not the gross price—are usually what beneficiaries share, unless the will says otherwise.
  • Keep receipts for any communications and save copies of estate documents you receive. If the estate later distributes funds, make sure you get a written distribution statement showing how your share was calculated.
  • Probate Court files are public to interested persons. Contact the local Probate Court where the estate is open for guidance on inspecting the file.
  • When in doubt, a short consultation with a probate attorney can tell you whether the deductions and fees look customary for Connecticut practice.

Useful Connecticut resources

  • Connecticut Judicial Branch — Probate information and local court links: https://www.jud.ct.gov/probate/
  • Connecticut General Assembly — statutes and legislative materials (search for Title 45a and probate provisions): https://www.cga.ct.gov/current/
  • Contact the clerk of the Probate Court handling the estate for file inspection and local filing procedures.

Taking these steps—getting the closing and accounting documents, doing the simple net‑proceeds math shown above, and using the Probate Court if needed—will let you confirm whether the executor properly calculated your percentage share. If you see unexplained or unreasonable deductions, consider a formal objection or seeking lawyer assistance.

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.