Disclaimer: This is educational information, not legal advice. I am not a lawyer. For legal advice about your specific situation you should consult a licensed Arkansas attorney.
Detailed Answer
If your sibling’s house was sold during probate and you believe you are entitled to a share of the net proceeds, you can take concrete steps under Arkansas probate practice to confirm the executor’s calculation. The basic idea is simple: trace the sale proceeds from gross sale price to the net distributable estate, then confirm your percentage share as determined by the will or Arkansas intestacy rules. Below are the practical steps you should follow and what to look for in the estate paperwork.
1. Confirm the estate is in probate and who the executor is
- Visit the county probate court where the decedent lived and ask for the probate case file (many counties permit online searches through the county clerk or circuit court website). The court file will show if someone has been appointed executor (personal representative) and will include the court order of appointment.
- If you cannot access the file online, call the clerk of the probate or circuit court and ask for the case number and how to obtain copies of filings.
2. Get the key probate documents
Ask the executor (or the court clerk) for copies of the following documents. Arkansas law requires certain filings and the court file usually contains them:
- Decedent’s will (if any) and the court’s order admitting it to probate.
- The inventory and appraisement of estate assets — a formal list of the estate’s property and their values.
- Accountings or financial reports filed by the executor (interim or final account).
- Receipts and settlement statements related to the house sale (purchase contract, HUD-1/Closing Disclosure, realtor commission invoice, mortgage payoff statement, title company settlement statement).
- Any petitions and court orders authorizing sale of real property.
For general statute reference and to search Arkansas probate statutes, see Arkansas Code Title 28 (Estates, Wills, and Trusts): https://www.arkleg.state.ar.us/. For court forms and probate information, see the Arkansas Judiciary website: https://www.arcourts.gov/.
3. Understand how your percentage share is determined
- If the decedent left a valid will, your share depends on the will’s terms. The will may name specific shares or direct the executor to divide proceeds in a certain way.
- If there is no will, Arkansas intestacy rules govern who inherits. Typically close relatives (spouse, children, parents, siblings) take in a prescribed order. If you are a sibling and there is no surviving spouse or descendants, siblings often inherit the estate in equal shares. Use Arkansas Code Title 28 to verify intestacy rules or consult an attorney.
4. Reconstruct the sale proceeds step-by-step
The executor should start with the gross sale price and subtract legitimate, documented items to arrive at net proceeds available for distribution. Typical deductions include:
- Real estate agent commissions and closing costs (documented by the settlement statement or HUD-1/Closing Disclosure).
- Mortgage or other liens that were paid off at closing (payoff statements from the lender).
- Outstanding estate debts and creditor claims that were properly presented and allowed.
- Funeral expenses, taxes, and administration costs (advertised creditor notices, filing fees, appraisal fees, attorney fees approved by the court, trustee/executor fees if allowed).
- Homestead allowances, family allowance, or exemptions if applicable under Arkansas law.
Ask for the title company or closing statement that shows the exact numbers for sale proceeds, lender payoffs, and seller-side closing costs. That document is the best single source to verify the start of the accounting.
5. Check the executor’s accounting math
- Start with the gross sale price (from the purchase contract / settlement statement).
- Subtract realtor commissions and closing costs shown on the settlement statement.
- Subtract any mortgage lien or other liens paid off at closing (payoff statements).
- Confirm any additional estate expenses the executor deducted were actually paid from estate funds and were authorized (bills, receipts, or court approval).
- Confirm any partial distributions already made were documented and authorized by the court.
- The result should be the net distributable proceeds from the house sale.
Then apply the share you are entitled to (from the will or intestate rules) to that net distributable amount. If the estate divides assets in-kind (giving the house itself rather than selling it), confirm the valuation used.
6. If numbers don’t match, ask for supporting documentation
If an item in the executor’s accounting is unclear or looks incorrect, send a written request to the executor asking for the supporting documentation (invoices, receipts, settlement statements, payoff letters). Executors have a fiduciary duty to beneficiaries to keep proper records and to provide reasonable information about estate administration.
7. Use the probate court if you cannot resolve questions informally
- If the executor refuses to provide records or you believe the accounting is wrong, you can file exceptions to the accounting or a petition in the probate court asking the judge to review and settle the account. The court can order the executor to produce records, modify distributions, or surcharge the executor if they breached their duties.
- Time to object: check the probate docket for any deadlines tied to notice of the accounting and the period to file objections. If you miss a deadline, you may still have remedies but acting promptly is important.
8. When to get a lawyer
If the amounts are significant, if the executor will not cooperate, or if you suspect wrongful conduct (self-dealing, undisclosed conflicts, or misapplied funds), consult a probate attorney. An attorney can help you request formal discovery, calculate the proper distribution, prepare exceptions, and represent you in court.
Helpful Hints
- Document requests in writing. A paper trail helps if the dispute reaches court.
- Start with the closing disclosure/settlement statement — it shows gross sale price and the immediate deductions at closing.
- Keep a simple spreadsheet: Gross sale price — commissions — liens paid — closing costs — authorized estate expenses = Net distributable proceeds. Then multiply by your percentage share.
- Check whether the executor deducted attorney fees or their own fees. Those often require court approval; ask to see the court order approving fees.
- Ask whether any tax liabilities (federal or state estate/income tax) were paid from estate proceeds; those affect net distribution.
- If you are an heir under intestacy, you can review Arkansas intestacy rules in Title 28 of the Arkansas Code for general guidance (search the Arkansas Code at https://www.arkleg.state.ar.us/).
- For procedural or forms information, visit the Arkansas Judiciary site at https://www.arcourts.gov/ or contact the local probate clerk.
- If cost is a concern, look for local legal aid organizations, bar association referral services, or limited-scope representation options from probate attorneys.
Following the steps above will let you independently verify whether the executor properly calculated your share of the sale proceeds. If you still have doubts after reviewing the documents, an Arkansas probate attorney can explain your rights, the applicable statutes, and the remedies available through the probate court.