How to find out exactly where the sale proceeds from a parent’s house will go

Quick summary: To learn where sale proceeds from your dad’s house will go under Ohio law, you need to determine how title is held (joint tenancy, transfer-on-death deed, or solely in your dad’s name), whether the property is in probate, what liens or mortgages exist, and who the personal representative (executor/administrator) is. Each of those facts controls whether the proceeds pass directly to a survivor, go into the probate estate, or must be used to pay debts and expenses first.

Detailed answer — step by step

1. Check the deed and property title

Start by obtaining a copy of the deed for the property. The county recorder or clerk of courts where the property sits keeps deeds. The deed shows how title was held:

• If the deed names your dad and someone else as “joint tenants with right of survivorship” or similar language, the surviving joint tenant typically gets the property automatically, and sale proceeds go to that survivor (not into probate).
• If the deed is a Transfer-on-Death Deed (TODD), the named beneficiary takes outside probate when your dad died. Ohio law allows TOD deeds; see the statute on Transfer on Death Deeds: Ohio Rev. Code § 5302.80.
• If title was solely in your dad’s name and there is no effective TODD or survivorship language, the home likely goes through probate and the sale proceeds become estate assets to be distributed according to the will or Ohio’s intestacy rules.

2. Is there a will and has the estate been opened in probate?

Find out if your dad left a will. If there is a will, the named executor (personal representative) should open a probate case in the county probate court where he lived. If there is no will, a family member can request appointment as administrator.

If the estate is in probate, the probate case file will show filings such as the inventory of assets, petitions to sell real property, orders approving the sale, and accountings. These filings tell you whether the court approved the sale and how the personal representative was ordered to distribute the proceeds.

You can search or request records from the county probate court where your dad lived. Many counties offer online docket and document access.

3. Identify secured debts and liens that must be paid from the proceeds

If the property secures a mortgage or other lien, those obligations commonly must be paid at closing from the sale proceeds. Common priorities include:

• Mortgages and recorded liens (first mortgage is paid before junior liens).
• Property taxes and special assessments.
• Costs of sale (real estate commissions, closing costs) and reasonable expenses of administration if the property is in probate.
• Court-ordered claims and approved creditor claims against the estate.

4. If the property is in probate, review the court orders and estate accounting

When a personal representative sells estate property, Ohio probate procedure requires court approval in many cases or at least notice to interested parties. The court’s order approving the sale and the personal representative’s final accounting will show exactly how the sale proceeds were used — mortgage payoff, payment of debts, distribution to beneficiaries, or held as cash in the estate.

To see this information, request the probate docket and documents (petition to sell, sale order, closing statement, inventory, accounting). These will tell you the sale price, payoffs, liens satisfied, fees taken, and remaining net proceeds and to whom those net funds were paid.

5. Typical scenarios and where proceeds go

• Survivorship or valid TODD in place: Proceeds go to the surviving owner or TOD beneficiary outside probate.
• Sold by the personal representative in an open probate estate: Proceeds go into the estate, used to pay liens, taxes, creditor claims, administration costs, and finally distributed under the will or Ohio’s intestacy laws. See Ohio’s descent and distribution rules: Ohio Rev. Code Chapter 2113.
• If a mortgage or lien exists: Those secured creditors get paid from the proceeds at closing according to priority.
• If government liens (e.g., tax or Medicaid liens) apply: Those may need to be resolved before distribution; the probate file or title search will reveal recorded liens.

6. How to get exact figures and proof

1. Obtain the HUD-1 or closing statement from the closing agent or attorney. That document lists sale price, payoffs, fees, and net proceeds.
2. Obtain the probate court’s order approving the sale and the personal representative’s accounting. These, together with the closing statement, show how the funds were distributed.
3. Ask the personal representative for a copy of the closing statements and the estate accounting. If they won’t provide it, request it from the probate court file or file a motion in probate court to compel an accounting.

Where to look — practical places to get documents

• County recorder/clerk of courts — to get the deed and recorded liens.
• County probate court — to find the probate case, petitions, orders, inventory, and accounting.
• Title company or closing agent — to request the final closing statement (HUD-1 or Closing Disclosure).
• Mortgage lender or servicer — to confirm payoff amounts and whether the mortgage was paid at closing.

Helpful Hints

• Start by pulling the deed and any recorded mortgages or liens at the county recorder’s office. That clarifies whether the title passed outside probate.
• If you find a probate case number, request or view the probate file immediately. Many documents are public and available online.
• Ask for the closing statement (HUD-1 / Closing Disclosure). It shows the gross sale price, line-by-line disbursements, and the net proceeds check and payee.
• If you are an heir or beneficiary and the personal representative won’t share documents, you can petition the probate court for an accounting or for access to records.
• If a lender or lienholder is listed on the title search, contact them for payoff information to confirm whether they were paid at closing.
• Remember that recorded liens (mortgages, tax liens) typically survive death and must be cleared for a marketable title.
• When in doubt, consult an Ohio probate attorney. They can read the deed, review the probate docket, and, if necessary, file motions to compel disclosure or to contest distributions.

Useful Ohio law references

Ohio law that commonly applies to these situations includes the Transfer-on-Death deed statute: Ohio Rev. Code § 5302.80, and Ohio’s rules on descent and distribution at: Ohio Rev. Code Chapter 2113. For probate administration rules and the probate court you should check the probate chapter for your county or consult the Ohio Revised Code via the state code site: codes.ohio.gov.

When to get a lawyer

If you cannot get the closing statement or probate accounting, if you suspect the personal representative is misusing funds, if there are competing claims to the property, or if complex liens (tax or Medicaid liens) appear, speak with a probate attorney in Ohio. An attorney can explain your rights, request documents from the personal representative, and, if needed, file motions in probate court to protect your interests.

Disclaimer: This article is for general information and does not provide legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Ohio attorney.