Detailed Answer

When a sibling’s house is sold in probate, the executor (also called the personal representative) must collect the sale proceeds, pay valid debts and administration expenses, and distribute the remainder to heirs or beneficiaries according to the will or Vermont intestacy law. You can confirm whether the executor correctly calculated your percentage share by following a clear, documented process.

1. Identify how the estate is being distributed

First determine whether the estate is being administered under a will or by intestacy (no valid will). If there is a will, the executor must follow the will’s directions. If there is no will, Vermont’s intestate succession rules govern distribution. You can find Vermont’s probate and inheritance statutes and titles on the Vermont Legislature site: Vermont Statutes — Title 14 (Probate). For general probate procedures and local court contacts, see the Vermont Judiciary Probate Division: Vermont Judiciary — Probate Division.

2. Obtain the probate file and required documents

The probate file is public in most respects. Ask the probate court clerk where the estate was opened for access. Key documents to request or review:

• Death certificate and will (if any)
• Petition for probate and the court’s letters testamentary/letters of administration
• Inventory of estate assets, including the house and the sale disposition
• Closing statement for the house sale (HUD-1 or settlement statement)
• Accountings submitted by the executor (sometimes called interim or final account)
• Receipts and invoices for debts, funeral expenses, taxes, repairs, and executor compensation

The probate court clerk can tell you how to inspect the file and obtain copies.

3. Understand the math and common deduction categories

An executor generally begins with gross sale proceeds and deducts lawful claims and expenses before distributing the balance. Typical deduction categories include:

• Mortgage payoff and recorded liens (paid at closing)
• Real estate closing costs and realtor commissions
• Necessary repairs or costs required to complete the sale
• Unpaid debts of the decedent (validated creditor claims allowed in probate)
• Funeral expenses and last medical bills
• Probate court fees and filing costs
• Taxes related to the sale or estate (estate or income tax liabilities, as applicable)
• Administrator/executor compensation and attorney fees (if allowed and approved)

Confirm whether any of these were paid from the sale proceeds and whether documentation supports the amounts.

4. Confirm your share percentage and calculate it yourself

How your percentage is determined depends on the will or the intestacy rules. For example, if the will says each sibling receives an equal share, divide the distributable net estate (sale proceeds minus valid deductions) by the number of siblings or shares specified. If intestate, follow Vermont’s statutory order of distribution (see Title 14 linked above) to determine whether you are an equal heir or whether the share is divided differently.

Steps to calculate:

1. Start with gross sale proceeds (get the closing statement).
2. Subtract liens and mortgage payoffs shown on the closing statement.
3. Subtract verified probate-allowed debts and estate administration expenses (with receipts).
4. The result is the distributable cash from that asset. If the house sale is one of several estate assets, confirm how the executor combines assets or distributes specific proceeds per the will.
5. Apply the share fraction (per will or intestacy) to the distributable amount to compute your expected payment.

5. Request an accounting and question discrepancies

Under Vermont probate procedure, an executor must provide an accounting upon request or when filing a final account with the court. If numbers don’t match your calculation, ask for a written accounting that ties each deduction to a supporting document. Keep your request polite and written so there is a record.

6. What to do if the executor won’t cooperate or you suspect errors

If the executor refuses to provide records or the accounting contains unexplained items, you have several options:

• Contact the probate court clerk to learn how to formally demand an accounting or how to file an objection.
• File a petition with the probate court to compel an accounting or to ask the court to review or surcharge the executor (remove or require repayment for breaches of duty).
• Hire an attorney experienced in Vermont probate to review the accounting, represent you in court, or negotiate a resolution.

Vermont’s probate court can review executor accounts and approve, modify, or reject them. You can raise objections in the court where probate was opened.

7. Common issues to watch for

• Duplicative or undocumented expenses the executor claims to have paid from sale proceeds.
• Executor taking excessive compensation without court approval or statutory authorization.
• Misapplied creditor claims (paying debts not validated in probate).
• Failure to allocate non-probate assets correctly (life insurance, joint accounts). Those often pass outside probate.

Helpful Hints

• Gather documents early: ask the probate clerk for a copy of the docket, will, and the executor’s filings.
• Keep your own running calculation in a simple spreadsheet showing gross proceeds, line-item deductions with links to receipts, and your expected share.
• Ask for receipts and vendor invoices for every deduction the executor claims against the sale proceeds.
• Confirm whether any tax (income or estate) applies and whether the executor withheld funds for taxes.
• Be prompt with objections—courts often set deadlines for objections to accountings or distributions.
• If the estate is small, some distributions can occur informally; for larger or contested estates, insist on a formal court accounting.
• Use the Vermont Judiciary Probate Division page to find local probate court contact information: Vermont Judiciary — Probate Division.
• When in doubt, consult a Vermont probate attorney to protect your rights—especially if you suspect mismanagement.