Detailed answer — what to check and how Alabama probate works

This is not legal advice. This information explains typical Alabama probate practice so you can understand what to ask for and how to verify the numbers.

1. Where the house sale proceeds go before distribution

When the estate sells real property, the sale proceeds become estate assets. The executor (personal representative) must use estate assets to pay, in general order:

• Mortgage or lien payoffs and other secured claims tied to the property;
• Estate administration expenses (probate court costs, personal representative’s allowed fees if any, attorney fees if allowed by the will or court);
• Taxes of the decedent and estate-related taxes; and
• Valid creditors’ claims and funeral expenses.

The remaining money after those deductions is the net distributable estate. The will (or Alabama’s intestacy laws) determines who gets what share.

For general statutory background on Alabama probate and administration, see the Code of Alabama, Title 43 (Wills, Probate and Administration): https://www.legislature.state.al.us/alacode/1975/43/

2. Documents you have a right to see

Beneficiaries generally can request these documents from the executor or from the probate court file:

• Copy of the will (if any) and the court’s letters testamentary or letters of administration;
• Petition and court order approving the sale of the house (if sale required court approval);
• Real estate closing statement/settlement statement showing gross sale proceeds and line-item costs (commissions, closing costs, payoff figures);
• Paid invoices for repairs, realtor fees, closing costs, and liens paid;
• Inventory and appraisal of estate assets filed with the probate court;
• Interim and final accountings filed with or provided to beneficiaries showing receipts and disbursements;
• Bank statements showing deposit of sale proceeds and distributions.

3. How to recalculate the beneficiary share — simple formula and example

Basic formula:

Net distributable from the house = Gross sale price
  - mortgage or lien payoffs
  - realtor commission and closing costs
  - repair or prep costs paid from the estate
  - estate administration costs (allocated to this asset)
= Net distributable from the house (or to estate generally)
Beneficiary share = Net distributable × beneficiary percentage under the will or intestacy

Example (hypothetical):

• Gross sale price: $200,000
• Mortgage payoff: $50,000
• Realtor commission & closing costs: $12,000
• Estate-paid repairs/cleaning: $3,000
• Allocated probate/administration costs tied to the sale: $2,000

Net distributable = 200,000 – (50,000 + 12,000 + 3,000 + 2,000) = $133,000. If the will gives you 25%, your share = 0.25 × 133,000 = $33,250.

Note: If the will specifies a percentage of the total estate rather than a share of this sale, the executor must aggregate all estate assets and expenses first and compute your percentage of the total net estate.

4. How to challenge or verify the accounting in probate court

Beneficiaries may ask the executor for a written accounting. If that does not resolve concerns, you can:

• File a written request with the probate court clerk for the estate’s filed inventory and accountings;
• Ask the court to require the executor to file a formal account (a “final accounting”);
• Object in writing to any item in the accounting and ask the court for a hearing to resolve disputes;
• Ask the court to appoint a special auditor or request discovery if the numbers appear inaccurate or unsupported.

The probate judge has authority to review accountings, disallow improper expenses, and order the executor to make corrected distributions.

5. When you should get professional help

If the executor refuses to provide documents, the accounting contains unexplained or large charges, or you suspect the executor misapplied funds, consider consulting an attorney experienced in Alabama probate. An attorney can tell you the proper procedure to obtain documents, file objections, and represent you at any required court hearing.

Helpful Hints

• Ask for the closing statement first — it shows where the sale money went (mortgage payoff, commissions, net proceeds).
• Request the estate’s inventory and final accounting in writing so you have a paper trail.
• Compare each deduction to supporting invoices or paid receipts (realtor invoice, mortgage payoff statement, repair bills).
• If the will gives a percentage of the entire estate, make sure the executor aggregated all assets and applied your percentage to the net estate, not only to the single asset.
• Run the math yourself using the simple formula above; keep a copy of your calculations and the documents you used.
• If you receive a distribution that you think is too small, ask the executor for an itemized calculation in writing explaining how they arrived at your share.
• Contact the probate court clerk for copies of filed pleadings and to learn the court’s deadlines and procedures for requesting accountings or filing objections.
• If an executor is not cooperating, ask about filing a petition in probate court to compel an accounting or to remove the executor if there is misconduct.
• Keep communications professional and documented. If you decide to hire an attorney, bring all documents and your notes to the consultation.