How to Verify an Executor’s Calculation of Your Inheritance Share — Alaska | Alaska Probate | FastCounsel
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How to Verify an Executor’s Calculation of Your Inheritance Share — Alaska

How to confirm an executor correctly calculated your percentage share from the sale of an estate property (Alaska)

Disclaimer: I am not a lawyer. This information is educational only and is not legal advice. For advice about your specific situation, consult a licensed Alaska probate attorney.

Detailed answer: steps to verify the executor’s calculation under Alaska probate procedures

If you believe you are entitled to a share of the proceeds from the sale of your sibling’s house, you have a right to understand and verify how the executor arrived at the dollar amount you were paid. Under Alaska probate practice, an executor (personal representative) must administer the estate, account for receipts and disbursements, and distribute the estate according to the decedent’s will or Alaska intestacy law. See Alaska Statutes (Title 13) for the laws governing probate and administration: https://www.akleg.gov/basis/statutes.asp.

1. Confirm your legal basis for a share

First, determine whether you inherit under a will or by intestacy. If there is a valid will, the will controls distribution. If the decedent died without a will, Alaska’s intestate succession rules (see Alaska Statutes Title 13) determine who inherits and in what shares. You can request a copy of the will (if there is one) and any petition for probate filed in the probate court.

2. Obtain basic probate documents

Ask the executor (or the probate clerk) for these documents so you can check the math:

  • Letters Testamentary or Letters of Administration showing the executor’s authority;
  • Petition for probate and any court orders approving the executor;
  • Inventory and appraisement (a list of estate assets and values);
  • Detailed accounting or estate ledger showing receipts and disbursements;
  • Closing statement for the house sale (HUD-1 or Closing Disclosure) showing sale price, commission, pro‑rations, and payoffs;
  • Mortgage payoff statement(s), lien releases, and receipts for estate expenses (repairs, utilities, insurance, advertising, probate court fees, attorney fees if charged to the estate).

3. Understand how net distributable proceeds are calculated

Work through these steps to reach the net amount available for distribution from the house sale:

  1. Start with gross sale price (from the closing statement).
  2. Subtract costs directly attributable to the sale: real estate commission, closing costs, escrow fees, prorated property taxes, title insurance, recording fees, and any agreed repairs or credits.
  3. Subtract payoffs of secured debts (mortgage, recorded liens) that were satisfied at closing.
  4. Subtract estate-level costs that the executor paid from sale proceeds if the estate is responsible: reasonable executor fees (if allowed), attorney fees (if approved), probate costs, and any valid creditor claims the estate pays.
  5. The remainder is the net distributable proceeds from that asset. If the will or intestacy distributes the entire estate by percentage, the net distributable proceeds are pooled with other estate assets (if applicable) and divided according to the will/intestacy shares.

4. Check the math against your percentage entitlement

Once you have the net distributable amount, compute your share by multiplying that amount by your percentage. If the will says “each child receives one‑half” or “two equal shares,” calculate accordingly. If intestate rules apply, confirm whether you are entitled under Alaska’s intestacy statutes (Title 13). Use the executor’s accounting to confirm their calculation and ask for a breakdown showing how they applied the percentage.

5. Look for common errors or questionable deductions

Common issues to watch for:

  • Sale expenses that should have been paid by the buyer but were charged to the estate;
  • Duplicate or unsupported expense entries (no receipts);
  • Executor or attorney fees that exceed statutory or court-approved amounts without explanation;
  • Misapplied receipts (applying a payment to the wrong debt);
  • Failure to account for lien releases or refunds from closing.

6. If numbers don’t reconcile, request clarification and documentation

Formally ask the executor (in writing) for a line‑by‑line explanation and copies of supporting documents for any items you do not understand. If the estate is open in probate court, you may request a copy of the probate file from the clerk or inspect the court’s docket. The Alaska Court System has probate information and local clerk contacts: https://courts.alaska.gov/shc/probate.htm.

7. Next steps if the executor won’t cooperate or you suspect errors or misconduct

If the executor fails to provide a satisfactory accounting or you suspect breach of fiduciary duty, Alaska probate procedures allow heirs and interested persons to ask the court to compel an accounting, surcharge (monetary recovery) an executor for losses, or, in extreme cases, remove the executor. To pursue these remedies you will likely need to file a petition in the probate court where the estate is pending. Consult a probate attorney for help preparing and filing such a petition. See Alaska Statutes Title 13 for governing law and the probate clerk for local procedures: https://www.akleg.gov/basis/statutes.asp.

8. When to hire professional help

Consider hiring an attorney if:

  • The executor refuses to produce a clear accounting;
  • Large sums are at stake or you suspect self‑dealing;
  • Complex tax, creditor, or real estate issues affect the estate;
  • You want to compel a court action (compel accounting, surcharge, or removal).

You may also hire an independent forensic accountant or CPA to audit the executor’s accounting if the numbers are complex.

Helpful Hints

  • Keep written records of all requests and communications with the executor.
  • Ask for the closing statement (sometimes called a HUD‑1 or Closing Disclosure)—it shows exactly how sale proceeds were distributed at closing.
  • Get copies of receipts for repairs, invoices, lien releases, and mortgage payoff statements to confirm deductions.
  • Compare the estate inventory/appraisal values to the actual sale price to spot large discrepancies.
  • Request the executor’s petition for fees or any court order approving fees—this shows whether fees were court‑authorized.
  • If you are an heir under intestacy and the distribution seems wrong, ask the probate clerk which statute governs intestate shares (Title 13) and request a copy of the relevant statute or summary from the clerk or an attorney. Alaska Statutes (Title 13) are available at https://www.akleg.gov/basis/statutes.asp.
  • If you need quick procedural help, contact the probate clerk in the court where the estate was opened or review the Alaska Court System’s probate page: https://courts.alaska.gov/shc/probate.htm.
  • Act promptly. Probate matters have procedural deadlines and waiting too long can limit remedies.

Remember: this is general information only and not legal advice. A local Alaska probate attorney can review the accounting and advise whether to accept the calculation, seek court review, or pursue other remedies.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.