Detailed Answer
When a decedent’s home is sold during probate in Kansas, beneficiaries often want to confirm that the personal representative (executor) calculated their share correctly. Below is a clear, step‑by‑step guide you can follow—even if you start with no legal background.
1) Know the starting point: what controls distribution
First, determine whether the decedent left a valid will and what it says about the house or proceeds. If the will gives a percentage or fraction to each beneficiary, the personal representative must distribute according to those terms. If there is no will (intestacy), Kansas intestate succession rules in the Kansas Decedents’ Estates statutes (K.S.A. Chapter 59) control how assets are divided. For the statutes and general probate rules, see the Kansas statutes for Decedents’ Estates: K.S.A. Chapter 59.
2) Ask for the key documents
Request copies of the following items from the personal representative or probate clerk. These documents let you verify every number used in the calculation:
- Copy of the will (if any) and any codicils.
- Sale/settlement statement for the house (closing disclosure or settlement statement from the title company).
- Mortgage payoff statement(s) showing the exact mortgage balance paid at closing.
- Realtor commission invoice and proof of payment.
- Itemized closing costs and title charges (recorded on the settlement statement).
- Receipts or invoices for repairs, marketing, or other expenses deducted from sale proceeds.
- Proof that net sale proceeds were deposited to the estate bank account (bank statements or the estate ledger).
- Copies of the inventory and appraisement (if filed) and any accountings the personal representative filed with the probate court.
3) Understand the typical math: how someone’s share is calculated
Most calculations follow a simple flow: gross sale price → permitted deductions → net proceeds → distribution according to will or intestacy.
Example (hypothetical numbers):
- Sale price of house: $300,000
- Mortgage payoff at closing: $50,000
- Realtor commission (6% of sale): $18,000
- Title and closing costs: $4,000
- Repairs/marketing paid by estate: $2,000
- Estate administrative expenses (probate fees, etc.): $6,000
Net proceeds = $300,000 − ($50,000 + $18,000 + $4,000 + $2,000 + $6,000) = $220,000.
If the will directs equal shares to three siblings, each share = $220,000 ÷ 3 = $73,333.33. If the will instead gives you 1/2 and the other two siblings 1/4 each, your share = $110,000, etc.
4) What deductions are allowed?
Permitted deductions commonly include:
- Mortgage payoffs or other secured liens that must be cleared at closing.
- Real estate broker commissions and ordinary closing costs.
- Reasonable expenses the estate incurred to sell the property (repairs, staging, marketing).
- Probate administration expenses and taxes attributable to the sale or estate.
The personal representative must use reasonable, documented expenses. If an expense looks unreasonable or unrelated to the estate administration, you can ask for an explanation and documentation.
5) How to check the arithmetic and allocations
- Compare the sale price reported on the settlement statement to the figure the personal representative used.
- Verify each deduction on the settlement statement (mortgage payoff, commission, title fees) matches the entries in the estate accounting.
- Confirm net proceeds were posted to the estate account before any distribution. Look for the exact deposit and subsequent transfers to beneficiaries.
- Check that the distribution follows the will or intestacy shares—percentages or fractions should be applied to the net proceeds, not the gross sale price (unless the will explicitly says otherwise).
6) When the personal representative must provide an accounting
Under Kansas probate practice, a personal representative generally must keep records and provide accountings to the court and interested persons. If you are an interested person (a named beneficiary or an heir), you have the right to request and review accountings. See general provisions in K.S.A. Chapter 59 for the duties of personal representatives: K.S.A. Chapter 59.
7) If numbers don’t add up: next steps
- Send a written request to the personal representative asking for the specific missing documents and an explanation of any discrepancy.
- If the representative refuses or the explanation is unsatisfactory, request the probate court clerk for the estate file to see what accountings or petitions have been filed.
- If necessary, file a motion or petition with the probate court asking the court to compel the personal representative to file a formal accounting or to clarify distributions. The court can order document production and can require the representative to justify deductions or distributions.
- If the personal representative has breached fiduciary duties (misappropriation, self‑dealing, unreasonable fees), you can petition the court for surcharge, removal, or other relief. Prompt action is important—statutory deadlines and local court rules may apply.
8) Consider professional help
Reviewing estate accountings, settlement statements, mortgage payoffs, and probate filings can involve technical details. If the numbers are large or the representative resists providing documents, consult a Kansas probate attorney to protect your rights and help prepare any court petitions. If you prefer, a forensic accountant can also review the accounting records.
Where to find more information and filings
Look up the estate file at the county probate or district court where the estate was opened. County court clerks can often provide copies of petitions, inventories, and accountings filed with the court. For statute background, see K.S.A. Chapter 59 (Decedents’ Estates): https://www.kslegislature.org/li/b2023_24/statute/chapters/ch59/.
Bottom line
You can confirm your percentage by collecting the sale and probate documents, verifying the permitted deductions, calculating the net proceeds, and confirming that your fractional share under the will or Kansas intestacy law was applied to that net amount. If the personal representative will not provide documents or the math looks wrong, you can ask the probate court to compel an accounting or to hear a dispute.
Disclaimer: This information explains general Kansas probate procedures and is not legal advice. It does not create an attorney‑client relationship. For advice about a specific estate, contact a licensed Kansas probate attorney.
Helpful Hints
- Always ask for the settlement statement from the title or closing company—the sale math flows from that document.
- Request mortgage payoff statements dated on or very near the closing date to confirm the payoff amount used.
- Keep written records of your requests for documents; written requests create a paper trail useful in court if necessary.
- Confirm whether the will specifies distribution of the house itself or sale proceeds—this changes how shares are calculated.
- Ask for receipts for any large repairs or unusual expenses deducted from the proceeds.
- Check whether the personal representative took a statutory or court‑approved commission and whether it was calculated correctly—commissions must be reasonable.
- If you face resistance, start by asking the probate clerk what documents are already on file; many filings are public records.
- Act quickly if you suspect mismanagement—delays can complicate recovery and may be constrained by court deadlines.