Can I confirm the executor calculated my percentage share correctly after my sibling’s house was sold?

Short answer: Yes — under Hawaii probate practice you can request the accounting documents that explain how the sale proceeds were handled, verify the math yourself (or with a neutral reviewer), and, if necessary, ask the probate court to review or order a formal accounting. This article explains the steps, the documents to request, how to do a simple calculation, and your options if you disagree.

What legal framework applies in Hawaii?

Hawaii follows its probate statutes and court procedures for administration of estates. For general statutory guidance see Hawaii Revised Statutes, Title 560 (Probate/Uniform Probate Code):
HRS Title 560 (probate).
For practical forms and process information, see the Hawaii State Judiciary probate self-help page:
Hawaii Judiciary — Probate.

Step-by-step: How to confirm the executor’s percentage calculation

Identify whether the estate is administered under a will or intestacy.

If there is a valid will, distributions follow the will’s instructions. If there is no will, intestate succession rules determine shares (see HRS title 560). Ask the executor for a copy of the will (if any) and the death certificate.
Request the estate accounting and supporting documents in writing.

Ask the personal representative (executor/administrator) for copies of: the estate’s final accounting or distribution statement, the real estate closing statement (HUD-1 or Closing Disclosure), mortgage payoff statements, invoices for repairs or closing costs, real estate commission invoice, receipts for probate expenses (filing fees, attorney fees), and the inventory of estate assets. You may also ask the court clerk for filings in the probate file.
Review how net sale proceeds were calculated.

Typical deduction sequence from the sale price:
- Mortgage and liens paid at closing (payoff amounts)
- Real estate commission
- Closing costs and escrow fees
- Repairs or seller-paid concessions
- Property taxes and prorations
- Probate-administration costs that the executor charges to the estate (court costs, attorney fees if approved, appraisal costs)
- Creditor claims paid from estate funds
The amount remaining after those deductions is the net proceeds attributable to the house.
Determine your share rule.

If the will specifies percentages or specific distributions, use that. If intestate, distribution follows Hawaii intestacy rules — typically equal shares among children of the decedent unless a spouse or other relatives alter the split. See HRS Title 560 for intestate succession rules: HRS Title 560.
Do the math yourself or have a neutral reviewer do it.

Calculate: Sale price − (mortgage payoff + commissions + closing costs + repairs + taxes + approved estate expenses) = Net proceeds. Then apply your percentage share to that net amount.
If numbers don’t match, ask for an explanation and documentation.

Point to specific line items you dispute (for example, an unexplained $5,000 repair) and request receipts or invoices. Many disputes resolve once documentation is produced.
If you still disagree, you can petition the probate court for relief.

You may ask the court to order a formal accounting, allow an independent audit, or approve/deny executor fees. The probate court supervises fiduciaries’ accounts and can require corrections. The Hawaii Judiciary self-help probate pages outline court procedures: Hawaii Judiciary — Probate.

Quick hypothetical example (illustrative)

Hypothetical facts: house sold for $500,000.

Mortgage payoff: $300,000
Real estate commission: $30,000
Closing costs and escrow fees: $10,000
Repairs paid before sale: $5,000
Approved probate attorney fees paid from estate: $10,000

Net proceeds = 500,000 − (300,000 + 30,000 + 10,000 + 5,000 + 10,000) = $145,000.

If the estate law or will gives you one-third, your share = $145,000 × 1/3 = $48,333.33.

Documents you should ask for (checklist)

Copy of the will (if any) and death certificate
Probate court filings and the personal representative’s letters/power
Real estate closing statement (HUD-1 or Closing Disclosure)
Mortgage payoff statement(s) and lien releases
Invoices/receipts for repairs, commissions, and other sale-related costs
Inventory and appraisal of estate assets
Final accounting or distribution statement submitted by the personal representative

When to consult a lawyer or accountant

Consider a lawyer if:

The executor refuses to provide documentation or an accounting;
You believe the executor misapplied funds, charged improper fees, or breached fiduciary duties;
You need to file objections or petition the court for a formal accounting.

An accountant or forensic accountant can help if the numbers are complex or you suspect hidden expenses.

Helpful hints

Be calm and specific when requesting documents; often an informal request resolves issues quickly.
Keep written records of all communications with the executor and any documents you receive.
Compare the closing disclosure line-by-line with the accountant’s or executor’s accounting.
If the estate pays attorney fees, check whether the court approved those fees; court approval may be required for large attorney fees charged to the estate.
Timing: probate administration can take months. Ask for interim accounting if the estate is open for a long time.
Do not refuse a lawful distribution or take unilateral action (like re-entering the property); seek court relief if needed.

Where to find Hawaii law and court forms

Hawaii Revised Statutes, Title 560 (probate): https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/
Hawaii Judiciary — Probate self-help (forms and procedures): https://www.courts.state.hi.us/self-help/probate

Disclaimer: This information is educational only and not legal advice. It does not create an attorney-client relationship. For specific legal advice about your situation and statutory deadlines, consult a licensed Hawaii attorney experienced in probate matters.