How to Confirm an Executor’s Calculation of Your Share from the Sale of a Sibling’s Home — Nevada Probate Guidance

Detailed answer

When an executor (also called a personal representative in Nevada) sells a decedent’s house as part of probate, the executor must collect the sale proceeds, pay valid liens and estate expenses, and then distribute the remaining amount to heirs or beneficiaries according to the will or Nevada intestacy rules. To confirm that your percentage share is correct, you need to understand the steps the executor should take, what documents to review, and what options you have if the math or substance looks wrong.

Key legal framework (Nevada)

• Nevada’s probate process and the duties of a personal representative are governed by the Nevada Revised Statutes and Nevada court probate rules. For the full text of statutes and probate law, see the Nevada Legislature’s NRS pages: https://www.leg.state.nv.us/NRS/.
• Basic probate self-help information and forms are available from Nevada Courts: https://nvcourts.gov/Self_Help/Probate/Administration/.

How an executor should calculate your share (typical steps)

1. Identify whether the house went through probate. If the house was jointly owned with right of survivorship, in a trust, or passed by beneficiary deed, the house may not be part of probate and the executor would not distribute sale proceeds. Ask the executor for the deed/title history and closing statement.
2. Produce an inventory and appraisal of the estate. The executor should prepare an inventory of estate assets and their values. This shows the house’s value and any other assets used to compute distributions.
3. Sell the house and obtain a closing statement. The closing statement (often called a HUD-1 for older transactions or a Closing Disclosure) shows gross sale price, commissions, prorated taxes, mortgage payoff, liens, recording fees, escrow fees, and other closing costs. The net proceeds on that statement are the starting point for distribution.
4. Pay secured debts and valid claims. Mortgages, mechanics’ liens, and validated creditor claims generally get paid out of sale proceeds before distributions to heirs. The executor must pay valid claims and include receipts or paid-off statements in the accounting.
5. Pay administration expenses. Executor commissions (if allowed), attorney fees (if approved), court costs, taxes (estate or income tax as applicable), and other administration expenses are deducted before distribution.
6. Compute the net distributable estate. Subtract liens, creditor claims, and administration expenses from the gross sale proceeds to get the net distributable amount.
7. Apply the will or intestate rules. If there is a will, distribute according to the will’s terms. If there is no valid will, Nevada’s intestacy laws determine shares. Typically, when siblings inherit under intestacy (with no surviving spouse or descendants), they share equally, but exact outcomes depend on the family structure. See Nevada NRS provisions on intestate succession for details via the NRS site above.
8. Issue distributions and accounting. The executor should provide beneficiaries a written accounting showing the math that leads to each beneficiary’s distribution (gross proceeds → deductions → net → each beneficiary’s share).

What you should ask the executor to see

• Copy of the deed and title search showing who owned the house at death.
• Inventory and appraisal of the estate assets.
• Full closing statement for the sale (itemized).
• Evidence of payoff for any mortgages, liens, or creditor claims paid from sale proceeds.
• Receipts for administration expenses (attorney bills, realtor commission, court costs).
• The written accounting showing how the final distribution amounts were calculated.
• If there is a will, a copy of the will and the probate petition or order admitting the will to probate.

How to check the math (simple checklist)

1. Start with gross sale price from the closing statement.
2. Confirm the mortgage payoff amount and subtract it.
3. Subtract realtor commissions and closing fees shown on the closing statement.
4. Subtract any validated creditor claims and executor-approved expenses.
5. Confirm the remaining figure equals the executor’s stated net distributable proceeds.
6. Confirm how the net distributable proceeds were divided according to the will or intestacy rule. If siblings split equally, divide the net amount by the number of siblings entitled to inherit; if the will sets percentages, apply those percentages to the net amount.

If numbers don’t add up or documents are missing

• Ask the executor for clarification in writing and request missing documentation.
• Request a detailed, signed accounting from the personal representative. Nevada law recognizes beneficiaries’ rights to accounting information; the court can compel an accounting if necessary.
• If the executor refuses or the accounting appears incorrect, you may petition the probate court for an order requiring the executor to produce records or to surcharge (hold the executor personally liable) for improper distributions or breaches of fiduciary duty.
• Consider consulting a Nevada probate attorney and, if appropriate, a forensic accountant experienced in probate for a document review or calculation check.

Examples (hypothetical, to show the math)

Example A — Intestate sibling split:

• Gross sale price: $300,000
• Mortgage payoff: $120,000
• Realtor commission and closing costs: $18,000
• Other valid creditor claims and expenses: $2,000
• Net distributable: $160,000
• If three siblings inherit equally, each sibling’s share = $160,000 ÷ 3 = $53,333.33.

Example B — Will leaves 50% to a named beneficiary and remainder to two siblings:

• Same net distributable ($160,000).
• 50% to named beneficiary = $80,000, remainder = $80,000 divided equally between two siblings = $40,000 each.

When to get legal help or go to court

• If the executor refuses to provide records or a reasonable accounting.
• If you suspect the executor misapplied funds, paid improper expenses, or breached fiduciary duties.
• If the will interpretation or the identity of heirs is disputed.
• If you and the executor cannot resolve a dispute informally — a beneficiary may file a petition in probate court asking for an accounting, removal of the personal representative, surcharge, or other relief.

Helpful hints

• Ask for documents early and in writing. A short email preserves a record of your requests.
• Keep copies of everything you receive. Make your own simple spreadsheet showing how the executor’s math works so you can spot discrepancies quickly.
• Look closely at the closing statement line-by-line. Many disputes start with an item on the closing statement that wasn’t accounted for elsewhere.
• Remember that some costs (mortgage payoff, taxes) must be paid first — beneficiaries do not receive those amounts.
• If the estate used sale proceeds to pay attorney fees or executor compensation, request documentation showing the court’s approval (if required) or basis for payment.
• Act promptly. If you believe there’s a problem, contacting an attorney early preserves options and evidence.

Resources

• Nevada Revised Statutes (all chapters searchable): https://www.leg.state.nv.us/NRS/
• Nevada Courts — Probate self-help and forms: https://nvcourts.gov/Self_Help/Probate/Administration/
• If you need help interpreting documents, consult a Nevada probate attorney. You can also contact local bar referral services for low-cost initial consultations.

Disclaimer: I am not a lawyer. This article provides general information about Nevada probate procedures and is not legal advice. For advice about your situation, consult a licensed Nevada probate attorney who can review your documents and explain your legal options.