Confirming Your Share from the Sale of a Sibling’s House — Idaho Probate FAQ | Idaho Probate | FastCounsel
ID Idaho

Confirming Your Share from the Sale of a Sibling’s House — Idaho Probate FAQ

How to confirm the personal representative correctly calculated your percentage share from the sale of an estate property in Idaho

Quick answer: In Idaho, beneficiaries can request the estate accounting and supporting sale documents from the personal representative (often called the executor). Review the sale closing statement and the estate accounting to confirm the personal representative deducted legitimate liens, closing costs, commissions, repairs, creditor claims, and administration expenses before calculating the distributable net estate. If the estate has a will, distributions follow the will’s terms; if there is no will, Idaho’s intestacy laws control distribution. If you suspect an error or bad faith, you can ask the court to compel an accounting or to review the distribution. This is general information, not legal advice.

Detailed answer — step by step under Idaho law

1) Confirm who controls the estate and which law applies

Identify whether the estate is being administered under a will (testate) or without a will (intestate). The personal representative named in the will or appointed by the probate court manages the estate. Distribution follows the will if valid; otherwise Idaho’s intestacy rules apply. See Idaho Code, Title 15, Chapter 2 (intestate succession) and Chapter 3 (administration of estates) for the governing provisions: Idaho Code Title 15, Chapter 2 and Idaho Code Title 15, Chapter 3.

2) Request the required documents

Ask the personal representative (PR) in writing for the following documents:

  • Final estate accounting or interim accountings prepared by the PR.
  • Copy of the property sale closing statement (HUD-1 or closing disclosure) showing gross sale price and itemized deductions (commissions, title charges, escrow fees, recording fees, prorated property taxes, etc.).
  • Mortgage payoff statement(s) and any lien releases paid from sale proceeds.
  • Receipts or invoices for repairs made specifically to ready the house for sale and proof these were actually paid by the estate.
  • Proof of payment for funeral expenses, creditor claims, attorney fees, and PR commissions (if any).
  • Inventory and appraisement (if filed) showing estate assets and values.

3) Understand how the PR should calculate your share

The PR should follow these general steps when calculating each beneficiary’s share from a sale of real property:

  1. Start with the gross sale price from the closing statement.
  2. Subtract mortgage payoffs, liens, and encumbrances that were paid at closing.
  3. Subtract closing costs attributable to the sale (real estate commission, title and escrow fees, recording fees, prorated taxes and HOA fees, agreed seller concessions).
  4. Subtract authorized estate administration expenses and valid creditor claims (bills, funeral costs, probate court costs, attorney fees) and any authorized repairs made to sell the house.
  5. The remainder is the net sale proceeds that enter the estate’s distributable balance.
  6. Apply any specific bequests or secured distributions set out by the will.
  7. Divide the net distributable estate among the beneficiaries according to the will or, if no will, according to Idaho’s intestacy rules.

4) Check the arithmetic and allocations

When you receive the accounting and supporting documents, verify:

  • The closing statement’s gross sale price matches the amount the PR reports as sale proceeds.
  • Mortgage payoff numbers and lien amounts were correctly subtracted and supported by payoff statements.
  • Commission and closing fees match the itemized closing statement.
  • Repairs and other expenses charged to the estate were authorized and documented (invoices, contractor checks, canceled checks).
  • Attorney fees and PR commissions are reasonable and either approved by the court or within amounts permitted by Idaho law and local practice.
  • The final distribution math follows the order above and the will or intestacy allocation.

5) Use a simple hypothetical to test the PR’s math

Example (hypothetical):

  • Gross sale price: $300,000
  • Mortgage payoff: $120,000
  • Real estate commission & closing costs: $18,000
  • Repairs paid by estate: $4,000
  • Creditor claims and funeral: $6,000

Net distributable sale proceeds = $300,000 – $120,000 – $18,000 – $4,000 – $6,000 = $152,000.

If the will leaves the residue equally to three siblings, each gets one-third: $152,000 ÷ 3 = $50,666.67. Confirm the PR’s distribution matches that figure or shows reasoned adjustments with documentation.

6) If numbers don’t match: ask questions, request correction, or involve the court

If you find arithmetic errors or undocumented deductions:

  • Send a clear written request to the PR asking for explanations and supporting documents for the items you dispute.
  • If the PR refuses or the explanation is unsatisfactory, you may petition the probate court to compel an accounting or to remove the PR for misconduct. Idaho’s probate statutes and court rules govern these remedies. See Idaho Code Title 15, Chapter 3: Idaho Code Title 15, Chapter 3.
  • If you suspect theft, fraud, or conversion of estate assets, contact a local attorney and consider a criminal referral.

7) When to get professional help

If the accounting is complex, you suspect hidden assets, or the PR resists providing documents, consider:

  • Consulting an Idaho probate attorney to evaluate the accounting and advise on court steps.
  • Hiring a forensic accountant for complex financial review.

Helpful Hints

  • Always request documents in writing and keep copies of your requests and any responses.
  • Look first for the closing disclosure (HUD-1 or CD) — it ties directly to sale proceeds and shows most sale-related deductions.
  • Check mortgage payoffs against the title company payoff statement to avoid double-counting or missed liens.
  • Don’t accept vague or lump-sum “administration fees” without itemization and court approval if required.
  • Compare the inventory filed in probate with the accounting to ensure all estate assets and sales are reported.
  • If an estate action is already in probate court, ask the clerk how to file a motion to compel an accounting or how to object to a final accounting. Local court clerks often provide procedural guidance (not legal advice).
  • Keep records of your communications, because they help if you must petition the court later.

Disclaimer: This information explains general Idaho probate principles and common steps beneficiaries use to verify a share from the sale of estate property. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, contact a licensed Idaho 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.