Quick overview — the basic idea

When a house that belonged to someone who died is sold in probate, the executor must collect the sale proceeds, pay valid debts and administration expenses (including mortgage payoff, closing costs, commissions, taxes, and court-ordered fees), and then distribute the leftover money to beneficiaries according to the will or Texas intestacy rules. To confirm your correct percentage, you need a clear accounting that shows the sale price, the costs deducted, how the net estate was computed, and how your percentage was applied.

Key Texas law references

• Independent administration and the personal representative’s authority — Texas Estates Code, Chapter 401: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.401.htm
• Accounts by a personal representative (requirements for accountings) — Texas Estates Code, Chapter 405: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.405.htm
• Intestate succession rules (if there is no will) — Texas Estates Code, Chapter 201: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.201.htm

Step-by-step: How to verify the executor’s math

1. Request the written accounting and supporting documents.

   Ask the executor in writing for a copy of the estate accounting and the documents that support the sale and expenses. Important documents include:

   • Sales contract and accepted offer
   • Closing statement / Closing Disclosure or HUD-1
   • Seller’s net proceeds statement
   • Deed transferring title
   • Receipts for repairs, commissions, advertising, and other sale-related costs
   • Mortgage payoff statement and lien releases (if a mortgage or lien was paid)
   • Probate court filings showing approvals (if the court approved the sale)
2. Confirm the gross sale price.

   Find the contract and the final closing statement. The gross sale price is the buyer’s purchase price. Verify that the closing statement’s gross sale price equals the contract price (adjusted only for any contractually agreed credits or prorations).

3. List and verify deductions from the sale price.

   Common deductions that reduce the house proceeds include:

   • Real estate broker commissions
   • Title insurance and closing fees
   • Outstanding mortgage(s) and lien payoffs
   • Prorated property taxes, HOA dues, utility adjustments
   • Reasonable repairs and prep costs approved for sale
   • Court-ordered or statutory administration costs charged to the estate

   Match each deduction on the accounting to a receipt or line item in the closing statement. If a deduction is claimed but undocumented, ask for proof.

4. Confirm how the executor treated other estate debts and administration expenses.

   Proceeds from the house are typically applied to the estate’s debts and administrative expenses when the estate pays them from the sale. Ask for an itemized list of non-sale estate expenses (funeral costs, taxes, creditor claims, attorney fees, estate administration fees) and proof they were valid. Texas law allows payment of valid claims and reasonable administration costs before distribution to beneficiaries. See Texas Estates Code, Chapter 405 for account rules: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.405.htm

5. Determine the net distributable proceeds.

   Compute: Net distributable proceeds = Gross sale price − (documented closing costs + mortgage payoff + other estate debts and administration expenses charged to the estate). The accounting should show this number. If the will specifies that the home’s proceeds are distributed differently (for example: a specific bequest vs. percentage of residue), follow the will’s directions; otherwise, Texas intestacy rules apply if there is no will. For intestacy rules, see Texas Estates Code, Chapter 201: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.201.htm

6. Check the percentage calculation.

   Once you have the net distributable proceeds, confirm how the executor applied your percentage share. Example:

   Hypothetical: Gross sale price = $300,000; closing costs and commissions = $18,000; mortgage payoff = $60,000; other validated estate expenses charged to sale = $2,000. Net distributable proceeds = $300,000 − $18,000 − $60,000 − $2,000 = $220,000. If your share is 25%, your distribution = 0.25 × $220,000 = $55,000.

7. Compare what you were paid to the correct calculation.

   If the executor already paid you, compare the payment amount to your calculated share. If the amount differs, ask for a written explanation of each difference with supporting documents.

What to do if you suspect an error or misconduct

• First, request clarification in writing from the executor and ask for the accounting and supporting receipts.
• If the executor refuses or the explanation is inadequate, you can ask the probate court for a formal accounting. Texas Estates Code provides procedures for accounts and challenges: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.405.htm
• You may file a petition in the probate court to compel an accounting, object to the accounting, or seek surcharge or removal if the representative breached duties. Contact the probate court clerk for local filing steps and deadlines.
• Document your requests and responses. Keep copies of all communications and documents you receive.
• If you believe funds were misapplied, consult a Texas probate attorney promptly to evaluate options (petition for accounting, surcharge, removal, or other remedies).

Helpful hints — what to ask for and watch for

• Ask specifically for the seller’s final closing statement or Closing Disclosure. That document often answers many questions.
• Confirm whether mortgage payoffs and lien releases are shown in the closing paperwork.
• Watch for double deductions — e.g., the same expense deducted twice in different line items.
• Ask for written approval or court orders for any unusual or large expenses paid from the sale (major repairs, property taxes paid by estate, attorney fees beyond routine costs).
• If the sale occurred under court supervision (rather than independent administration), the court may have required notice and approval records; request those filings from the clerk’s office.
• Keep timelines in mind — beneficiaries often have limited time to object to accountings. Check local probate rules or consult an attorney quickly if you have concerns.

When to get a lawyer

Consider hiring a Texas probate attorney if:

• The executor refuses to provide an accounting or supporting documents.
• Numbers don’t add up and the executor won’t explain them.
• You suspect fraud, self-dealing, or excessive/extraneous deductions.
• You need help filing objections or a petition in probate court.

An attorney can help request a formal accounting, review the estate’s math, prepare objections, and represent you in court.