Confirming the Executor’s Calculation of Your Share from a Sibling’s House Sale (Nebraska)

Short answer: Under Nebraska probate rules the proceeds from a decedent’s sold real property become estate assets. To confirm your percentage share you should (1) identify whether distribution follows a will or Nebraska’s intestacy rules, (2) obtain the executor’s inventory and final account filed with the probate court, (3) verify the math used to convert sale proceeds into a net distributable amount (sale price minus valid liens, payoffs, commissions, taxes, and administration expenses), and (4) multiply the net distributable estate by your fractional share. If anything looks wrong you may request an accounting from the personal representative or ask the probate court to review or compel a corrected accounting. This article explains each step and gives a clear example so you can check the calculation yourself.

Detailed Answer — Step-by-step (Nebraska probate)

1. Determine what law controls your share: will vs. intestacy

If your sibling left a valid will, the will controls distribution. If there is no valid will (intestate), Nebraska’s probate statutes govern who inherits and in what shares. See Nebraska Revised Statutes, Chapter 30 for probate and intestate succession rules: Neb. Rev. Stat. Chapter 30.

2. Get the key documents

Ask the personal representative (executor or administrator) for copies of the following; many are also filed on the probate court docket and available at the county clerk or probate court:

• Decedent’s will (if any) and appointment order for the personal representative.
• Inventory/appraisement listing estate assets, including the house and how it was valued.
• Sale documents: settlement statement (closing disclosure) showing gross sale price and line-item costs — commission, title, escrow, closing costs, mortgage payoff, prorated taxes, repairs paid at closing.
• Receipts for debts paid out of the estate, funeral expenses, and other administration costs.
• The personal representative’s interim or final account (accounting) filed with the court showing receipts, disbursements, and proposed distribution.

3. Understand what reduces sale proceeds before distribution

Not everything that comes from the house sale goes to heirs. Common deductions from gross sale proceeds include:

• Valid liens and mortgages that must be paid off.
• Real estate commission and closing costs reflected on the closing statement.
• Prorated property taxes and unpaid property assessments tied to the property.
• Reasonable expenses of administration paid from the estate (court costs, probate attorney fees if approved, necessary repairs or maintenance tied to sale, funeral expenses).
• Other validated creditor claims against the estate (debts allowed by probate).

What remains after paying expenses and allowed claims is the net distributable estate. Nebraska probate law governs which claims are allowed and how administration expenses are treated. See Neb. Rev. Stat. Chapter 30: https://nebraskalegislature.gov/laws/statutes.php?chapter=30.

4. Compute your share — formula and worked example

Formula: Your Share = (Gross sale proceeds − allowable deductions = Net distributable amount) × Your fraction of the estate.

Example (simple hypothetical):

• House sale price (gross): $300,000
• Mortgage payoff: $50,000
• Realtor commission (6%): $18,000
• Closing fees and title: $2,000
• Other estate debts approved and paid from proceeds: $10,000
• Administration expenses attributable to the sale: $5,000

Net distributable = $300,000 − ($50,000 + $18,000 + $2,000 + $10,000 + $5,000) = $215,000.

If there are three equal heirs under the will or intestacy, each heir’s share = $215,000 ÷ 3 ≈ $71,666.67.

5. Things to check when you review the executor’s math

• Does the closing statement match the gross sale price and line-item deductions claimed by the executor?
• Are mortgage payoffs, tax prorations, and commissions supported by documentation?
• Were any personal representative fees, attorney fees, or extraordinary expenses approved by the court (if required) before being deducted?
• Were creditor claims allowed through the probate process before they were paid?
• Are payments for repairs or improvements reasonable and supported by invoices?

6. If you suspect a mistake or dispute the calculation

Options in Nebraska commonly include:

• Request a written, itemized accounting from the personal representative if you have not already received it.
• Review the probate case file at the county courthouse or request docketed documents from the clerk; many filings are public and will show inventories and accounts filed.
• If the personal representative will not provide records, you can ask the probate court to compel an accounting or to schedule a hearing to approve or reject the account.
• If the accounting shows improper payments or self-dealing, you may request surcharge or removal of the personal representative and damages; the probate court handles these remedies.
• Consider hiring a probate attorney to file objections, request a formal accounting, or represent you at a court hearing. If the math is complex, a forensic accountant can help verify figures.

For general probate procedures and self-help resources, see Nebraska Judicial Branch probate information: https://supremecourt.nebraska.gov/self-help/probate.

7. Practical checklist to confirm the executor’s calculation

1. Obtain your sibling’s will (if any) or confirm intestacy under Neb. Rev. Stat. Chapter 30.
2. Obtain the closing statement for the house sale and verify the gross sale price.
3. Obtain the executor’s inventory and account filed with the probate court; compare line items to the closing statement.
4. Verify each deduction (mortgage, commission, taxes, approved creditor claims) with receipts or payoff statements.
5. Calculate net distributable amount and multiply by your fractional share; compare to the amount the executor has proposed to distribute to you.
6. If numbers don’t match, ask for an explanation in writing and, if unsatisfied, consider motioning the court to compel a formal accounting or raise objections through counsel.

Helpful Hints

• Keep written requests and records—make any request for documents in writing so there is a record.
• Get copies of the probate docket and filings from the county court clerk; many filings show inventories and accounts.
• Compare the closing disclosure line-by-line with items the executor lists as deductions from the sale.
• Be mindful that some estate costs (court costs, validated creditor claims, funeral) are properly paid before distributions; ask for receipts.
• If the personal representative is also a beneficiary and the account looks self-serving, ask the court to review or approve the accounting before distributions are finalized.
• When in doubt or if substantial money is at stake, consult a Nebraska probate attorney. An attorney can evaluate filings, file objections, and represent you in probate court.

Where to look for Nebraska statutes and court resources

Nebraska statutes and probate law are in Neb. Rev. Stat. Chapter 30: https://nebraskalegislature.gov/laws/statutes.php?chapter=30. For practical court forms and local procedures check the Nebraska Judicial Branch probate resources: https://supremecourt.nebraska.gov/self-help/probate.

Final note / disclaimer: This information explains common Nebraska probate practices and steps you can take to confirm an executor’s calculation, but it is not legal advice. I am not a lawyer. For advice about your specific situation, deadlines, or to file objections in court, consult a licensed Nebraska probate attorney.