How to verify an executor’s calculation of your share from a sibling’s house sale

Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Kentucky probate attorney.

Detailed Answer — what to expect and how to confirm the math under Kentucky probate practice

If your sibling’s house was sold during probate, the executor (personal representative) must collect the sale proceeds, pay valid estate debts and administration expenses, and distribute the remaining net proceeds to the estate’s beneficiaries or heirs according to the will or Kentucky intestacy rules. To confirm that your percentage share was calculated correctly, follow these steps.

1. Confirm who gets paid and in what order

The order of payment generally is: funeral expenses and administration costs, secured debts (like a mortgage), other valid creditor claims, taxes, and then distribution to beneficiaries. Whether you receive a fixed percentage of net sale proceeds depends on the will or, if there is no will, Kentucky’s intestate succession rules. For general access to Kentucky statutes and probate structure, see the Kentucky Legislature statutes site: https://apps.legislature.ky.gov/statutes/ and practical information from the Kentucky Court of Justice: https://kycourts.gov/.

2. Request the executor’s accounting and supporting documents

Ask the executor in writing for a full estate accounting and copies of supporting documents. Key documents to request include:

• Copy of the will (if any) and the court’s appointment of the executor
• Real estate closing statement (Closing Disclosure or settlement statement/HUD-1)
• Mortgage payoff statement(s) and lender correspondence showing payoff amount
• Realtor commission invoices and listing agreement
• Receipts for repairs, improvements, advertising, or staging paid from estate funds
• Estate bank account statements showing deposit of sale proceeds and subsequent disbursements
• Itemized list of creditor claims paid and documentation (invoices, judgments)
• Any tax bills paid (property tax proration, estate taxes if applicable)

3. Recreate the executor’s math step by step

To verify the percentage calculation, compute these amounts in order:

1. Gross sale price (from the closing statement).
2. Subtract closing costs directly tied to sale (realtor commission, title/settlement fees, seller-paid closing costs, escrow fees).
3. Subtract costs the estate paid to prepare or sell the home (reasonable repairs, staging, advertising) if the executor paid them from estate funds.
4. Subtract payoff of encumbrances secured by the property (mortgage, home equity line). Use payoff statements for exact numbers.
5. Subtract validated creditor claims and administration expenses (court costs, executor’s allowed fees if taken, attorney fees if approved by court).
6. The remainder is net distributable proceeds. Apply the distribution rule in the will or the intestacy shares (per capita vs per stirpes, or whatever the will directs) to get your percentage share of that net figure.

Example (simple hypothetical): Sale price $200,000 — realtor commission $12,000 — closing fees $2,000 — mortgage payoff $50,000 — repairs $3,000 — valid creditor paid $5,000 → net distributable = $128,000. If will directs equal shares among 4 siblings, your share = $128,000 ÷ 4 = $32,000.

4. Watch for common pitfalls and improper deductions

The executor should not deduct personal expenses or unapproved fees. Common errors include:

• Double-counting a debt or deducting an incorrect mortgage payoff amount.
• Subtracting expense items that were the seller’s responsibility but already paid at closing by the buyer or by escrow adjustments.
• Charging excessive or unapproved executor/attorney fees without court approval.
• Failing to prorate property taxes correctly or deducting taxes already adjusted at closing.

5. If you disagree: options under Kentucky practice

If the accounting or supporting documents don’t match your calculations, you may:

• Ask the executor for clarification in writing and request corrected figures.
• Hire a probate attorney or accountant to review the accounting and identify errors.
• Ask the probate court to compel a formal accounting. Beneficiaries commonly petition the court to require an executor to file a full accounting if the executor won’t provide one voluntarily.
• If the accounting shows misconduct (misappropriation, self-dealing), you may petition the court for surcharge, removal of the executor, or other remedies.

For practical steps in using Kentucky courts to enforce beneficiary rights, consult the Kentucky Court of Justice website and, if needed, a probate attorney who can file the proper motions. The Kentucky statutes site above provides access to the text of probate and estate statutes if you want to read the law directly: https://apps.legislature.ky.gov/statutes/.

Helpful Hints

• Put requests in writing and keep copies. A written trail helps if you later must go to court.
• Ask for the closing statement (it shows sale price, mortgage payoff, commissions, and prorations).
• Compare the closing statement to the estate bank account statements to ensure the full sale proceeds were deposited into the estate account.
• Check the county land records (county clerk/recorder) to confirm the deed transfer and recorded mortgage releases.
• If you’re unsure about the will’s language (per stirpes vs per capita), ask a probate attorney to interpret distribution language and calculate shares.
• Small disagreements sometimes resolve through direct discussion or mediation; court action can be expensive and slow—evaluate costs before suing.
• Act promptly. Beneficiary rights and creditor claim deadlines can be time sensitive in probate administration.

If you want, provide the numbers (sale price, mortgage payoff, commissions, and other expenses) and I can walk you through a sample calculation so you can check the executor’s math.