How to confirm an executor’s calculation of your share from the sale of a sibling’s house (Florida probate)

Short answer: In Florida you can verify the executor’s math and whether distributions follow the will or intestacy rules by requesting the estate accounting and sale documentation (closing statement, mortgage payoff, commissions, paid expenses), checking how debts and administration costs were deducted, and comparing the net proceeds allocation to the will or Florida’s intestacy rules (Chapter 732) and estate-administration rules (Chapter 733). If the accounting looks wrong or incomplete, beneficiaries can ask the personal representative for more records and, if necessary, ask the probate court to review the account.

Detailed Answer — what to request and how to check the math

Executors (personal representatives) in Florida must collect assets, pay valid debts and expenses, and distribute the remainder according to the will or, if there is no will, under Florida’s intestate succession rules. To confirm your percentage share from a sale of the decedent’s house, follow these steps.

1. Identify whether distribution is governed by a will or by intestacy

If there is a will, the will usually states how much of the estate or what percentage each beneficiary receives. If there is no will, Florida’s intestacy statutes tell who inherits and in what shares — see Florida Statutes, Chapter 732: https://www.flsenate.gov/Laws/Statutes/2024/Chapter732.

2. Request the executor’s accounting and supporting documents

Ask the personal representative (executor) in writing for a copy of the estate accounting and the transaction documents related to the house sale. Key documents:

Real estate closing statement / Closing Disclosure or HUD-1 (shows gross sale price and line-item closing costs and credits).
Mortgage payoff statement(s) and proof the mortgage was paid at closing if applicable.
Real estate commission invoice and proof of payment.
Any repairs, inspections, or condition-related costs paid from estate funds before sale.
Title or escrow statements showing liens paid or releases.
Personal representative’s written accounting showing receipts, disbursements, fees, creditor payments, and proposed distributions.

3. Recreate the net proceeds calculation

Use the closing statement as the starting point:

Start with the gross sale price.
Subtract recorded liens and mortgage payoff amounts (shown on closing statement or payoff letters).
Subtract closing costs charged to the seller (commissions, transfer taxes, title or escrow fees, prorated property taxes or HOA dues if seller-paid).
Subtract estate administration costs related to the sale (authorized repairs, advertising, real estate attorney or broker fees paid by the estate if not shown on the closing).
The remaining number is the net sale proceeds available for distribution to the estate.

4. Apply the will or intestacy percentages to the net estate, not to the gross sale price

Beneficiary shares are determined by the will’s directions or intestacy law and should be applied to the remaining estate assets after valid debts and administration expenses are paid. If the will gives a percentage of the estate (for example, “50% to sibling A”), that percentage applies to the residuary estate after debts and expenses are handled. If the will gives a specific fraction of the proceeds from that house, follow the will’s language. See Florida Statutes, Chapter 733 for administration rules: https://www.flsenate.gov/Laws/Statutes/2024/Chapter733.

5. Watch for compensable executor and attorney fees

Executors and estate attorneys may be entitled to compensation. Those fees reduce distributable assets unless the will states otherwise. Reasonableness of fees can be reviewed by the court if challenged. The accounting should list those fees and support for amounts charged.

6. Example (hypothetical) calculation

Suppose the house sold for $300,000. Closing documents show mortgage payoff $100,000, agent commission $18,000 (6%), title and closing fees $2,000, and repair costs $5,000 paid by the estate before sale. Net proceeds = 300,000 − 100,000 − 18,000 − 2,000 − 5,000 = $175,000. If the will gives you a 50% share of the residuary estate and the house is the only asset, your distribution from this sale would be $87,500 (50% × $175,000).

7. If numbers don’t match or documents are missing — options

Ask the personal representative for clarification and supporting receipts. Often missing items are clerical and resolved by correspondence.
Request the executor file a formal accounting with the probate court (if administration is formal). Beneficiaries may be entitled to receive a court-filed accounting that includes receipts, disbursements, and balances. See Florida probate rules and Chapter 733 for formal administration procedures: https://www.flsenate.gov/Laws/Statutes/2024/Chapter733.
If the executor refuses or you suspect wrongdoing or gross negligence (e.g., omitted debts, inflated fees), you may petition the probate court to compel an accounting, surcharge the personal representative, or remove them. Local probate court clerks can explain filing procedures; consider consulting an attorney if you intend to proceed to court.

Common legal references (Florida)

– Florida Statutes, Chapter 732 (Intestate succession and wills): https://www.flsenate.gov/Laws/Statutes/2024/Chapter732

– Florida Statutes, Chapter 733 (Administration of estates and personal representative duties): https://www.flsenate.gov/Laws/Statutes/2024/Chapter733

How the probate process affects access to information

Whether you can immediately obtain a court-filed accounting depends on whether the estate is being administered formally or informally. In small estates or summary proceedings, the paperwork and timelines differ. If you are a named beneficiary or an heir, you generally have standing to request and review distributions and accountings; county probate clerks or the court clerk can tell you what has been filed in the estate case.

When to get a lawyer involved

If the executor won’t provide documentation, the accounting appears incorrect, or you suspect misappropriation, consult a probate attorney. An attorney can:

Review the accounting and sale documents.
Calculate your proper share and identify errors.
File motions or petitions in probate court, if needed, to compel an accounting or seek remedies.

Disclaimer

This article is educational and informational only and is not legal advice. It does not create an attorney–client relationship. For advice about a particular situation, consult a licensed Florida probate attorney.

Helpful Hints

Start by asking for a simple written accounting and the real estate closing statement — many issues are resolved by review.
Use the closing statement as your baseline: it should show gross sale price, mortgage payoff, and seller-side costs. If any payment is listed without backup, ask for invoices or payoff letters.
Confirm whether the will specifies distribution of that particular asset or a percentage of the residuary estate — language matters.
Keep written records of all requests and communications with the personal representative. If court action becomes necessary, that paper trail helps.
Check county probate court records online or at the clerk’s office to see what has been filed in the estate case (petitions, inventories, accountings).
If the executor is also a beneficiary and a sale benefited them, be especially careful to confirm arms-length transaction terms (market price, commission rates, etc.).
When in doubt, consult a probate attorney early—timely objections and petitions often have strict deadlines.