How to confirm the executor correctly calculated your percentage share from the sale of your sibling’s house (Ohio)

Short answer: In Ohio, start by confirming whether distribution follows a will or the intestacy rules, obtain the estate’s inventory and accounting from the probate court or personal representative, recalculate the distributable proceeds (sale price minus mortgages, closing costs, funeral and probate expenses, creditor claims, taxes, and approved personal representative fees), and compare your share to the estate’s math. If numbers don’t match, you can ask the court to compel an accounting or object to distributions. This is educational information, not legal advice.

Detailed answer — step-by-step

1. Identify the legal basis for your share (will vs. intestacy)

First determine whether your sibling left a valid will. If there is a will, distribution follows the will’s terms (for example, a specific percentage or equal shares). If there is no will, Ohio’s intestacy rules govern distribution; siblings may inherit if there is no surviving spouse, parents, or descendants. For the statutory framework, see Ohio Revised Code, Chapter 2105 (Descent and Distribution): https://codes.ohio.gov/ohio-revised-code/chapter-2105.

2. Confirm who is acting as personal representative (executor)

In Ohio the executor or administrator appointed by the probate court is usually called the personal representative. The personal representative has a fiduciary duty to administer the estate honestly and to give beneficiaries required information. See Ohio Revised Code, Chapter 2109 (Probate Court Administration and Fiduciary Duties): https://codes.ohio.gov/ohio-revised-code/chapter-2109.

3. Obtain the estate paperwork you are entitled to review

• Probate file docket and pleadings at the county probate court where the estate is opened.
• Inventory of estate assets (must be filed with the probate court).
• Final or interim accountings (showing receipts, disbursements, and proposed distributions).
• Closing statement (HUD-1 or Closing Disclosure) from the house sale showing sale price and closing charges.

Ohio probate courts generally maintain public dockets and filings. You can request copies from the clerk. For administrative and accounting rules: see Ohio Revised Code, Chapter 2113 (Administration of Estates): https://codes.ohio.gov/ohio-revised-code/chapter-2113.

4. Recalculate the distributable proceeds

Work from the house sale gross proceeds and subtract legitimate estate obligations. Typical deductions before distribution include:

• Mortgage or lien payoff(s)
• Real estate agent commission and closing costs (title fees, transfer taxes)
• Necessary repairs or agreed-upon seller concessions
• Taxes related to the sale (e.g., prorated property taxes)
• Estate debts and creditor claims that were allowed
• Probate court costs
• Personal representative’s compensation (if approved)

Formula (simplified): distributable cash from sale = sale price − (mortgage payoff + commissions & closing costs + allowed creditor claims + taxes & expenses + approved PR fees).

5. Apply distribution rules to the distributable amount

If the will specifies a percentage or share, apply that to the net distributable amount. If intestate, apply the Ohio distribution rules (Chapter 2105). For example, if the will leaves 50% of the net estate to you, your share from the house sale proceeds is 50% of the distributable cash (unless the will allocates specific assets differently).

6. Check for timing and apportionment issues

Sometimes the personal representative sells an asset and temporarily holds sale proceeds. Beneficiaries are usually entitled to their share after debts and expenses are paid, and after any court approvals required by Ohio law or local probate rules.

7. What to do if your numbers don’t match the executor’s calculation

1. Ask the personal representative for a written accounting or an explanation of each deduction and the math used.
2. Review the probate court filings (inventory, accountings, receipts). The court may already have approved fees or expenses.
3. If the PR refuses or if the accounting seems wrong, file a motion in probate court to compel an accounting or to object to the accounting or to seek surcharge for misconduct. The court can order corrections or recovery if the PR breached duties.
4. Consult a probate attorney if values, deductions, or conflicts are substantial or if you suspect self-dealing (e.g., sale to a related buyer at an undervalue without court approval).

Practical example (hypothetical numbers)

Assume the house sold for $200,000. Deductions shown by the PR:

• Mortgage payoff: $50,000
• Realtor commission (6%): $12,000
• Closing costs/title fees: $2,000
• Estate administrative expenses & probate costs: $3,000
• Approved PR fee: $3,000

Net distributable cash = $200,000 − ($50,000 + $12,000 + $2,000 + $3,000 + $3,000) = $130,000.

If the will gives you a 25% share, your amount = 25% × $130,000 = $32,500. Verify each deduction with supporting documents: mortgage payoff statement, closing disclosure, invoices, court orders approving fees.

When to get legal help

Contact a probate attorney if any of the following apply:

• The personal representative refuses to provide an accounting.
• There are unexplained or unusually large deductions.
• You suspect conflicts of interest or self-dealing.
• Time-sensitive creditor claims or tax issues are involved.
• The estate accounting has already been presented to the court and you need to file a formal objection.

Helpful Hints

• Ask for the Closing Disclosure or HUD-1 from the house sale — it shows seller proceeds and charges line-by-line.
• Compare the sale closing statement to the estate inventory and the PR’s accounting to ensure consistency.
• Request payoff statements for any mortgages or liens recorded on the property.
• Confirm whether the PR’s fees were approved by the court or paid according to an applicable statute or local rule.
• Keep written records of all requests and communications with the personal representative.
• Check the probate court docket online or with the clerk for filings like the inventory, creditor filings, accountings, and judge’s entries.
• If you are unsure about the applicable share under intestacy or a will, ask the clerk which probate filings define distributions or consult a probate attorney.

Where to look for Ohio statutes and probate court information

• Descent and distribution (intestacy): Ohio Rev. Code Chapter 2105 — https://codes.ohio.gov/ohio-revised-code/chapter-2105
• Probate court administration and fiduciary duties: Ohio Rev. Code Chapter 2109 — https://codes.ohio.gov/ohio-revised-code/chapter-2109
• Administration of estates (executor duties, accounting procedures): Ohio Rev. Code Chapter 2113 — https://codes.ohio.gov/ohio-revised-code/chapter-2113

Final note and disclaimer

This article explains common steps and concepts under Ohio probate practice to help you verify an executor’s calculation of your share of a house sale. It is educational only and not legal advice. For binding legal advice or court filings, consult a licensed Ohio probate attorney who can review your estate’s specific documents and local probate court rules.