How to verify that the personal representative correctly calculated your percentage share from the sale of a sibling’s house (Arizona)

Short answer: Confirm the decedent’s estate plan (will or intestacy), obtain the estate inventory and the closing statement for the house sale, check how the personal representative (executor/personal representative) deducted mortgage payoffs, liens, real estate commissions, and other estate expenses, and then verify the math used to turn net sale proceeds into distributable shares. If documents are missing or numbers don’t add up, you may ask the court to compel an accounting or hire a probate attorney.

Why this matters

When a house is sold during probate, the sale proceeds usually become part of the probate estate. The personal representative must pay debts, taxes, and administration costs before distributing the remainder to beneficiaries or heirs. Mistakes or undisclosed deductions change each beneficiary’s share, so it’s important to verify the calculation.

Step-by-step checklist to confirm the calculation

1. Determine how the property passes:
   • Was there a valid will that specifies shares? If yes, distribution usually follows the will.
   • If there is no will, Arizona’s intestacy rules determine heirs and shares (see Arizona Revised Statutes, Title 14: Trusts, Executors & Decedents’ Estates: https://www.azleg.gov/arsDetail/?title=14).
   • Check whether the house passed outside probate (joint tenancy, community property with right of survivorship, or beneficiary deed). If so, the sale proceeds might not be probate assets.
2. Ask for and review these documents:
   • Copy of the decedent’s will (if any) and any codicils.
   • Probate court file entries that list the personal representative and filings (you can view the county probate court docket or request copies via the Arizona Judicial Branch: https://www.azcourts.gov/Probate or the county court website).
   • Estate inventory or schedule of assets filed with the court (if filed).
   • Real estate closing statement (HUD-1 or Closing Disclosure) showing gross sale price and line-by-line closing costs, commissions, mortgage payoff statements, lien releases, prorations, and net proceeds.
   • Receipts and canceled checks for mortgage payoff, lien releases, realtor commissions, repair or marketing costs, and any other expenses the personal representative claims to have paid from sale proceeds.
   • Final accounting or interim accountings filed with or provided by the personal representative. Arizona law requires personal representatives to account for estate administration—if you cannot find an accounting, ask the personal representative or the court clerk for filings (see Title 14 overview: https://www.azleg.gov/arsDetail/?title=14).
3. Recreate the math

   Follow these basic steps to check the numbers:

   • Start with the gross sale price.
   • Subtract amounts paid at closing that reduce the estate: mortgage payoff(s), lien payoffs, unpaid property taxes, seller closing costs, real estate commissions, escrow fees, transfer taxes, and any agreed repairs or concessions.
   • The result is the net sale proceeds deposited to the estate.
   • From net sale proceeds, confirm whether the personal representative first paid estate debts, funeral expenses, allowed administrative expenses (including their statutory or court-approved compensation and attorney fees), and taxes. Some expenses may be paid from other estate assets first; the accounting should show allocations.
   • After approved debts and expenses, the remaining distributable balance gets divided according to the will or intestacy shares.

   Hypothetical example: House sold for $300,000. Mortgage payoff $100,000. Realtor commission 6% = $18,000. Other closing costs $3,000. Net proceeds = $300,000 – $100,000 – $18,000 – $3,000 = $179,000. If there are $9,000 in estate admin costs and no other debts, distributable balance = $170,000. If two siblings are equal heirs, each share = $85,000.

4. Confirm legal priorities and allocations

   Make sure the personal representative followed Arizona probate priorities: secured debts (mortgages) and liens are satisfied from sale proceeds or paid at closing. Administrative costs and creditor claims are typically paid before distributions to beneficiaries. If there are multiple estate assets and creditor claims, some expenses may be allocated proportionally among assets—this should appear in the accounting or a petition to the court.

5. Ask for explanations and supporting documents in writing

   If anything is unclear or you suspect an error, request a written explanation and copies of the underlying documents. Personal representatives owe fiduciary duties to beneficiaries, including transparency about estate administration (see Arizona probate resources: https://www.azcourts.gov/Probate and statutory overview: https://www.azleg.gov/arsDetail/?title=14).

6. If the personal representative refuses or the numbers don’t match:
   • You can request the court to compel an accounting or file an objection to the final accounting or petition for distribution. The court oversees probate administration and can order corrections, surcharge (financial liability) for fiduciary breaches, or other relief.
   • If you believe funds were misapplied, discuss options with a probate attorney and consider petitions available in Arizona probate court (contact your county probate clerk or visit https://www.azcourts.gov/Probate for local procedures).

Helpful hints

• Keep communications in writing (email or letters) so you have a record of requests and replies.
• Collect copies of your own records—any documents you have about the property or the decedent’s debts help spot errors.
• Don’t assume gross sale amount equals your inheritance share; closing deductions and estate liabilities usually reduce the amount available for distribution.
• If the house was community property, jointly owned, or had a beneficiary deed, the house or proceeds might not be part of probate. Ask the personal representative for documentation proving the property was probate property.
• Request a plain-language breakdown: (1) gross sale price, (2) itemized closing deductions, (3) net proceeds, (4) payments of estate debts, (5) administrative costs and compensation, (6) balance distributed and how each beneficiary’s share was calculated.
• If the case is simple and the personal representative cooperates, a brief call followed by a written confirmation often resolves most questions. If not, consult a probate attorney to discuss motions you can file in probate court.

Where to look for Arizona statutes and court resources

General Arizona probate statutes and chapter listings: Arizona Revised Statutes, Title 14 (Trusts, Executors and Decedents’ Estates): https://www.azleg.gov/arsDetail/?title=14

Practical probate information, forms, and local procedures: Arizona Judicial Branch — Probate: https://www.azcourts.gov/Probate

When to get legal help

If the personal representative will not provide documents, won’t explain deductions, or you suspect mismanagement or self-dealing, consult a probate attorney. An attorney can review the accounting, advise on whether the distributions follow Arizona law, and, if necessary, file a petition to compel accounting, surcharge the fiduciary, or pursue other remedies available in Arizona probate court.

Disclaimer: This article explains general Arizona probate concepts and steps you can take to verify a distribution calculation. It is educational only and is not legal advice. For advice about your specific situation, consult a licensed Arizona probate attorney.