Disclaimer: This is educational information, not legal advice. I am not a lawyer. For binding legal guidance about your specific situation, consult a South Carolina probate attorney or the probate court handling the estate.
Detailed answer — How to confirm the executor correctly calculated your share under South Carolina law
When a sibling’s home is sold during probate, the executor (personal representative) must collect the sale proceeds, pay valid debts and estate expenses, and distribute the remaining net estate to beneficiaries under the will or under South Carolina’s intestacy rules. To confirm the executor’s calculation, follow a structured verification process: request the right documents, understand what expenses may lawfully reduce the sale proceeds, recompute the net distributable amount, and compare your expected percentage share to what was paid.
1) Identify whether the house was part of the probate estate
First confirm whether the house actually passed through probate. If the house was owned jointly with right of survivorship, held in a living trust, or titled in a way that designates a beneficiary, it may have transferred outside probate and the executor may not be responsible for its sale or distribution. If the house is part of the probate estate, the executor’s duties apply.
2) Obtain the key documents
- Letters testamentary or letters of administration (shows who is the executor).
- The decedent’s will (if any) and any codicils showing beneficiary shares.
- Sale documents: purchase contract, closing statement (HUD-1 or Closing Disclosure), and the cashier’s/settlement statement showing gross sale price and distributions at closing.
- Mortgage payoff statement and proof of payoff (if mortgage existed).
- Realtor commission invoice and closing costs receipts.
- Estate accounting or final accounting filed with probate court (if prepared) and any interim accountings provided to beneficiaries.
- Inventory of estate assets and list of creditor claims paid.
- Cancelled checks or bank statements showing distributions to beneficiaries.
Under South Carolina law an executor has fiduciary duties to beneficiaries and must be able to account for estate receipts and disbursements. You can usually obtain copies of filings from the probate court. For South Carolina statutes and the probate code, see Title 62 of the South Carolina Code of Laws: https://www.scstatehouse.gov/code/t62.php
3) Understand what may be deducted from gross sale proceeds
The executor typically deducts these items before distributing net proceeds:
- Mortgage and liens paid off at closing.
- Real estate broker commission.
- Repair or improvement costs paid to prepare the house for sale.
- Closing costs, title fees, transfer taxes, and prorated property taxes.
- Reasonable funeral, administrative, and probate expenses that are properly charged to the estate.
- Creditor claims that the estate must satisfy.
- Estate taxes (if applicable) and other statutory obligations.
Any deduction should be supported by receipts, invoices, payoff statements, or court authorization. Unreasonable or unsupported expenses are challengeable.
4) Recompute the net distributable amount and your share
Basic formula:
Net distributable proceeds = Gross sale price − lien payoffs − realtor and closing fees − repairs and authorized expenses − valid creditor claims
Then apply the beneficiary allocation. If the will specifies percentages, use those. If there is no will, South Carolina intestacy law governs distribution; consult Title 62 of the South Carolina Code for intestate succession rules: https://www.scstatehouse.gov/code/t62.php
Example (hypothetical numbers):
- Gross sale price: $300,000
- Mortgage payoff: $50,000
- Broker commission (6%): $18,000
- Repairs/clean-up: $5,000
- Closing and title fees: $2,500
- Net distributable proceeds = 300,000 − 50,000 − 18,000 − 5,000 − 2,500 = $224,500
- If two siblings split equally (50% each), each gets $112,250.
Compare this recomputed share to the amount you actually received. Small differences may occur if other estate debts were paid from the sale proceeds; those should be itemized in the accounting.
5) Ask the executor for a written accounting and paper trail
As a beneficiary, you may request a written accounting of estate receipts and disbursements and supporting documents. The personal representative should provide this or file a final accounting with the probate court. If you receive an accounting, verify that:
- The sale income listed matches the closing statement.
- Each deduction is supported by invoices or payoff statements.
- The calculation of your percentage is consistent with the will or intestacy rules.
6) If numbers don’t match, ask for clarification or evidence
If an item is unclear, request the specific supporting document (e.g., invoice for repairs, signed realtor agreement, mortgage payoff). If the executor will not provide documents, or the accounting looks incomplete or suspicious, you can:
- File a petition in probate court to compel an accounting.
- Seek removal of the personal representative if there is evidence of misconduct.
- Bring a civil claim for breach of fiduciary duty.
Probate courts supervise executors’ actions; beneficiaries can ask the court to review distributions and expenses. For how to contact or file in your local probate court, check the South Carolina Judicial Department or the probate court handling the estate.
7) When to get a lawyer
Consider hiring a South Carolina probate attorney if:
- The executor refuses to provide an accounting or documents.
- Large unexplained deductions exist.
- Funds seem misapplied or missing.
- You want to petition the court to compel distribution or remove the executor.
An attorney can review the accounting, recalculate distributions, advise whether deductions were lawful, and file court pleadings if needed.
Helpful Hints
- Keep records you already have: copies of the will, any emails or letters from the executor, and any checks you received.
- Request the closing statement (this shows the buyer’s payments and the amounts credited to liens and fees).
- Ask for a simple spreadsheet from the executor showing calculation steps from gross sale price to net distributable proceeds and each beneficiary’s share.
- Verify whether any creditors were paid from the sale proceeds — creditor claims reduce what remains for beneficiaries.
- Confirm whether estate or inheritance tax issues apply in South Carolina (state estate tax is not currently imposed, but federal estate tax or other obligations can affect distribution). Consult an attorney for tax-related questions.
- If the house was jointly owned or held in trust, that may explain why the sale proceeds weren’t part of probate; ask the executor to show title documents.
- If you suspect wrongdoing, act quickly — preserving records and seeking court relief as soon as possible strengthens your position.
Useful resource: South Carolina Code of Laws, Title 62 (probate and estates): https://www.scstatehouse.gov/code/t62.php
Again, this information is educational only and not a substitute for legal advice about a specific estate. For tailored guidance and to protect your rights as a beneficiary, contact a South Carolina probate attorney or your local probate court.