Detailed answer

This section explains, step by step, how to verify that the personal representative (executor) correctly calculated your percentage share of the proceeds from the sale of your sibling’s house under Missouri law.

1. First: determine the governing rules for the estate

Who gets what depends on two main things:

• Whether the decedent left a valid will. If yes, distributions follow the will’s terms (subject to creditor claims and court orders).
• If no will, Missouri’s intestate succession rules control distribution. See Missouri’s intestacy statutes at the Revisor’s site: RSMo Chapter 474 (Intestate Succession).

2. Understand what the executor must do before distributing sale proceeds

An executor has formal duties. Typical steps the executor must follow before distribution include:

• Collecting estate assets (including proceeds from a house sale).
• Paying valid debts, funeral expenses, taxes, mortgages, liens, and administration costs (commissions, attorney fees, closing costs).
• Filing an inventory and, often, an accounting with the probate court or providing beneficiaries with an accounting.
• Distributing the remaining (net) estate per the will or Missouri intestacy rules.

Missouri statutes and procedures governing administration and fiduciary duties appear in the probate sections of the Missouri Revised Statutes; see the general probate chapters at the Missouri Revisor: RSMo Chapter 473 (Probate Administration).

3. Request the essential documents

Ask the personal representative, in writing if possible, for copies of:

• The decedent’s will (if any) and any codicils.
• The probate court file index (docket) and the appointment order naming the personal representative.
• An inventory of estate assets.
• The sale closing statement (HUD-1 or Closing Disclosure) showing gross sale price, commissions, title fees, transfer taxes, and other closing costs.
• Mortgage payoff statement(s) and lien releases recorded at closing.
• Receipts/records for estate administration expenses (attorney fees, repairs paid for sale, appraisal costs).
• Final accounting or settlement statement showing calculation of net distributable proceeds and how the executor allocated the funds to beneficiaries.

If the estate is open in probate, many of these records may also be available at the probate clerk’s office. Beneficiaries can ask the clerk how to inspect the file.

4. Recreate the executor’s calculation (step-by-step)

When you have the documents, follow these steps to recreate the math:

1. Start with the gross sale price (from the closing statement).
2. Subtract direct sale-related costs: real estate commissions, seller-paid closing costs, required repairs that the estate paid for the sale, title/recording fees, transfer taxes.
3. Subtract any mortgage payoffs and recorded liens paid at closing.
4. The result is the net sale proceeds deposited into the estate account.
5. Add other estate assets (if the executor pooled cash from multiple assets for payment of debts or distributions).
6. Subtract valid debts, funeral expenses, estate taxes, and administration costs that are to be paid from estate assets (supported by invoices/receipts).
7. The remainder is the distributable estate that gets divided according to the will or Missouri intestacy rules.
8. Apply the correct share percentage for each beneficiary (for example, per will language, or per RSMo Chapter 474 if intestate).

5. Example (hypothetical numbers)

Assume a sibling’s house sold for $300,000. Hypothetical items:

• Real estate commission: $18,000 (6%)
• Title and closing fees: $2,000
• Mortgage payoff: $45,000
• Repair costs paid by estate before sale: $3,000
• Estate administration expenses owed to date: $6,000

Calculation:

1. Gross sale price: $300,000
2. Less sale costs (commission + title/closing + repairs): $23,000 → proceeds at closing: $277,000
3. Less mortgage payoff: $45,000 → cash received by estate: $232,000
4. Less administration expenses to be paid from estate: $6,000 → distributable estate: $226,000

If the decedent left no will and two siblings survive equally, each sibling’s share would be 50% of $226,000 = $113,000. If the will left one sibling 25% and another 75%, apply those percentages to $226,000.

6. What to do if numbers don’t match or documents are missing

• Ask the personal representative for explanations and supporting documents for any deduction you don’t recognize.
• If the personal representative refuses or if you suspect errors or misconduct, you can file a motion with the probate court to compel an accounting or to object to a proposed distribution. Missouri probate rules allow the court to review the executor’s accounts and actions—see the probate administration chapter: RSMo Chapter 473.
• If evidence suggests mismanagement, you can ask the court to surcharge (require reimbursement), remove the personal representative, or seek other civil remedies. Gather documents and consider consulting a Missouri probate attorney promptly to preserve rights and deadlines.

7. Timing and deadlines

Probate timelines vary. Creditors have specific claim periods; beneficiaries usually must act promptly if they intend to challenge accounting or distributions. If you plan to contest an accounting or seek relief, check the probate docket and speak with an attorney about applicable time limits.

8. Where to find help and official information

Start with the probate clerk in the county where the estate opened; the clerk can confirm whether the estate is open, whether an inventory/accounting exists, and how to view the file. For Missouri statutes and more detail on administration and intestacy rules, the Missouri Revisor of Statutes is a primary source:

• Probate administration: RSMo Chapter 473
• Intestate succession (who gets what if there’s no will): RSMo Chapter 474

Quick checklist to confirm the calculation:

1. Confirm whether there is a will and read its distribution language.
2. Obtain sale closing statement, mortgage payoff, lien releases, and receipts for repairs/expenses.
3. Recreate the gross-to-net flow: sale price → subtract closing/sale costs → subtract liens/mortgages → subtract administration costs/valid debts → distributable balance.
4. Verify the applied beneficiary percentage or will allocation.
5. Request explanation for any differences and ask the court to compel an accounting if necessary.

Helpful hints

• Ask for all documents in writing and keep copies. Paper trails help prove calculations.
• Compare the sale’s Closing Disclosure (or HUD-1) line-by-line with the accounting the executor provides.
• Look for items that should not be charged to the estate (personal expenses of the personal representative, uncleared liens, or duplicate charges).
• If the executor commingled funds (mixed personal funds with estate funds), raise the issue quickly—commingling can be a basis for surcharge or removal.
• Understand that repairs or improvements paid before sale, if reasonable and documented, typically reduce the estate’s taxable/net sale proceeds and may be legitimate deductions.
• Get help early if the amounts involved are large or if you suspect wrongdoing—an attorney experienced in Missouri probate can review records, explain rights, and, if needed, file court motions.
• Contact the probate clerk for information on how to inspect filings in the estate file if the personal representative is uncooperative.

Disclaimer: This article explains general procedures under Missouri law. It is for informational purposes only and is not legal advice. Laws change and every estate situation differs. For advice about a specific case, consult a licensed Missouri probate attorney.