Detailed answer — what you can do under West Virginia law

If a sibling’s house was sold during probate, the executor (personal representative) must convert estate assets to cash, pay valid debts and expenses, then distribute the remaining proceeds to beneficiaries. To confirm your percentage share was calculated correctly, follow these steps.

1. Identify whether the house sale proceeds are distributable

Before distribution, the executor must pay mortgages, liens, funeral costs, taxes, probate costs, and valid creditor claims. Under West Virginia probate rules, estate administration rules and executor responsibilities are in the state probate code (see W. Va. Code Title 44: https://code.wvlegislature.gov/44/). The net amount available for distribution is the sale price minus liens, closing costs, commissions, repairs/maintenance charged to the estate, taxes attributable to the sale, and all other approved estate expenses.

2. Obtain the executor’s documentation

Ask the executor (in writing, if possible) for these documents:

• The closing statement or HUD/Closing Disclosure for the house sale (itemizes sale price, commissions, seller closing costs).
• Proof of mortgage payoff or lien releases (payoff statement and canceled check or bank record).
• Invoices and receipts for repairs, improvements, or invoices the estate paid before sale.
• Copies of paid creditor claims and receipts for funeral and administrative expenses.
• The executor’s estate accounting showing gross proceeds, itemized deductions, and the net distributable amount.
• A copy of the will (if any) or the probate court’s determination of heirs for intestate estates.

3. Confirm the beneficiaries and your share under West Virginia law

Your share depends on the will or, if there is no valid will (intestate), West Virginia’s intestate succession. The relevant probate statutes are collected under W. Va. Code Title 44 (probate and estate administration): https://code.wvlegislature.gov/44/. If the decedent left a will, the will controls distribution. If no will exists, the probate court follows intestate rules to identify heirs and the share each heir receives. If needed, consult the probate file or the court clerk to confirm the court’s determination of heirs.

4. Reproduce the math — a simple calculation method

Step-by-step:

1. Start with the house sale gross price (from the closing statement).
2. Subtract mortgage payoff amounts and any liens (use payoff statements).
3. Subtract seller closing costs and commissions (Closing Disclosure or HUD-1).
4. Subtract any estate expenses directly attributable to the property (repair bills, advertising, real estate taxes prorated, title fees).
5. The result is the net sale proceeds available for distribution from that asset.
6. If other estate assets exist, the executor may combine all assets into a single distributable estate after paying all debts and expenses; confirm whether the executor is distributing from the single estate pool or allocating the house sale separately.
7. Your dollar share = (your percentage share under the will or intestacy) × (net distributable estate or net proceeds, depending on how distribution is being made).

Example (hypothetical): sale price $300,000; mortgage payoff $50,000; commission/closing costs $20,000; repairs $2,000. Net from house = $300,000 − $50,000 − $20,000 − $2,000 = $228,000. If the estate has three equal siblings as heirs, your share from the distributable estate (if house proceeds alone are distributed equally) would be $228,000 ÷ 3 = $76,000.

5. Check for common errors

• Double-counting: the same expense included twice (e.g., listing repairs and also charging a lump-sum distribution adjustment).
• Using gross sale price instead of net proceeds when computing distributions.
• Failing to allocate pre-death encumbrances or post-sale liabilities correctly.
• Withholding creditor claims or administrative costs without documentation.

6. If the executor won’t cooperate or you suspect mistakes

Beneficiaries have rights in probate. You may request that the probate court compel an accounting, review the executor’s filings, or, in serious breaches, remove the executor. West Virginia’s probate procedures and the court’s authority to require accountings are governed by state probate law (see W. Va. Code Title 44: https://code.wvlegislature.gov/44/) and by local probate court rules. If conversations with the executor don’t produce clear records, consider asking the probate clerk about filing an exception to the accounting or a petition to compel an accounting.

7. When to get legal help

If documents are missing, numbers don’t add up, or the executor refuses to provide records, consult a West Virginia probate attorney. An attorney can:

• Review the accounting and supporting documents.
• Explain whether the executor followed West Virginia law and court orders.
• File petitions in probate court to compel disclosure, correct accounting errors, or seek removal for breach of fiduciary duty.

Helpful Hints

• Ask for documents in writing so you have a record of requests and responses.
• Compare the Closing Disclosure/HUD to the executor’s accounting line-by-line: commissions, prorated taxes, and closing fees should match.
• Check whether the executor reduced sale proceeds by estate-level expenses that should be paid from other estate assets instead.
• Keep a simple spreadsheet with the sale price and every deduction. Small arithmetic errors are common and easy to spot.
• Know the difference between an asset-specific distribution (house sale distributed separately) and a pooled distribution (all estate assets combined then divided). Ask the executor which method they used and why.
• If you receive a distribution but later find an error, you can ask the executor to correct it or ask the court to order correction; don’t assume distributions are final without documentation.
• Use the West Virginia Legislature site for statute reference: W. Va. Code Title 44 (probate) — https://code.wvlegislature.gov/44/
• For basic probate court information, contact the West Virginia Judiciary: https://www.courtswv.gov/