Step 1 — Identify the source of your share

First, determine whether the estate is being distributed under a will (testate) or under Maryland’s intestacy rules (intestate). The document that governs distribution will tell you how to calculate your share.

• If there is a will: the will usually sets out either a fixed dollar amount, a percentage of the estate, or a specific gift of property. Your percentage share should match what the will directs for the class you belong to (for example, “all children share equally”).
• If there is no will: Maryland’s descent and distribution rules apply. Those statutory rules determine who inherits and in what shares. See Maryland law on descent and distribution (Estates & Trusts, Title 3) for details: Md. Code, Estates & Trusts (Descent & Distribution).

Step 2 — Understand the estate accounting steps that affect the house sale proceeds

The executor’s calculation of your share generally follows this sequence:

1. Collect gross sale proceeds from the house.
2. Subtract sale-related costs: real estate commissions, closing costs, repairs made to complete the sale, transfer taxes, etc.
3. Subtract estate debts and administrative expenses: funeral costs, creditor claims that are valid, taxes, and court or Register of Wills fees.
4. Subtract any authorized executor compensation or attorney fees that are chargeable to the estate.
5. The remaining amount is the net distributable estate (or the portion of the estate that includes the house proceeds). Your percentage applies to this net distributable amount or to the portion of the estate specifically described in the will.

Maryland provides procedural guidance and requirements for probate administration and accountings through the Register of Wills and court rules; see Maryland Courts probate information: Maryland Courts — Probate.

Step 3 — Request and review the executor’s documentation

Ask the personal representative (executor) for these items in writing:

• A copy of the will (if any) and any codicils.
• The probate inventory and appraisal that lists real property values filed with the Register of Wills.
• The closing statement (HUD-1 or CD) for the home sale showing gross sale price and line-by-line closing costs.
• Receipts or invoices for repairs, commissions, and other sale-related expenses.
• A full accounting or settlement statement showing how the executor moved from gross proceeds to the net distributable amount and how your percentage was calculated and applied.
• Documentation of creditor claims paid and executor/attorney fees taken from the estate.

Under Maryland probate procedures, the Register of Wills and probate court oversee filings and certain accountings. If you do not receive requested documents, contact the local Register of Wills office for the county handling the estate (the Register can tell you what filings are part of the court record).

Step 4 — How to check the math (walk-through example)

Use a simple example to verify the calculation. Suppose:

• Sale price: $300,000
• Real estate commission and closing costs: $24,000
• Repair costs to get the house ready for sale: $6,000
• Valid creditor claims paid from estate: $10,000
• Executor’s authorized fees and attorney fees charged to estate: $12,000
• Remaining net distributable: 300,000 – 24,000 – 6,000 – 10,000 – 12,000 = $248,000
• If you are entitled to 1/3 of the estate: your share = $248,000 × (1/3) = $82,666.67

Confirm each deduction with invoices, closing statements, and the court/filings. Pay special attention to whether any amounts were paid before applying distribution (e.g., satisfied liens or mortgages that reduce net proceeds but may have been handled differently).

Step 5 — Common issues that cause disagreements

• Unauthorized or unexplained deductions. Executors must justify estate expenses with receipts or court approval.
• Misclassification of personal vs. estate expenses. The estate should not pay the executor’s personal costs.
• Payment of creditor claims without proper notice or validation.
• Misapplication of the will’s language (e.g., using a beneficiary’s share of the entire estate rather than of a residue or specific asset).
• Failure to account for mortgages, liens, or encumbrances properly when calculating net proceeds.

Step 6 — What to do if the numbers don’t add up

1. Write and request clarification from the executor. Ask for an itemized accounting and supporting documents.
2. Contact the Register of Wills for the county administering the estate. The Register can explain probate filings and may be able to guide you on required documents and timelines: Maryland Courts — Probate.
3. If you still have concerns, consider hiring an attorney experienced in Maryland probate to review the accounting and to advise on objections or petitions to the probate court.
4. Be aware of deadlines for objecting to accountings or other probate filings. The probate court and Register of Wills can provide timelines; obtain legal advice for deadlines specific to your county and situation.

Helpful Hints

• Get a certified copy of the will and the Letters of Administration or Letters Testamentary so you know who legally represents the estate.
• Ask for the sale closing statement first — it often explains the largest differences (commissions, prorations, liens).
• Compare the estate inventory and appraised values with the final sale price; big gaps should have explanations.
• Keep written records of all requests and the executor’s responses.
• Use the Register of Wills as a resource. Staff can confirm what has been filed in the estate file and when accountings are due.
• If you are a beneficiary and worried about executor misconduct, document your concerns promptly and seek legal advice about filing objections in probate court.
• Remember that some fees (attorney, accountant, court costs) may be payable from the estate before distributions; ask for court approval records if large fees are taken.