Short answer — what you can expect

Under California probate practice, the personal representative (often called an executor) must collect estate assets, pay allowed debts and expenses, and then distribute the remaining proceeds to beneficiaries according to the will or intestate law. You can confirm whether your percentage share from a sibling’s house sale is correct by reviewing the estate paperwork (inventory/appraisal, sale closing statement, receipts for expenses and debts, and the personal representative’s accounting) and, if needed, asking the probate court to review the accounting.

Understanding the legal base for your share

Start by identifying which property interest was sold and how it belonged to the decedent:

• If the house was held in the decedent’s sole ownership (separate property), its net proceeds go into the probate estate and are distributed under the will or under California’s intestacy rules.
• If the house passed outside probate (for example by joint tenancy, a transfer-on-death deed, or a trust), the sale may not be part of the probate estate. That affects whether the executor should be accounting to beneficiaries of the probate estate.
• If the decedent was married, community property rules may affect how much of the house belonged to the decedent versus the surviving spouse.

For background on California probate procedures, see the California Courts probate self-help pages and the California Probate Code (searchable at the California Legislative Information site):

• California Courts — Probate Self-Help
• California Legislative Information — Codes (search the Probate Code)

Step-by-step: How to confirm the executor’s math

Work through the following steps in order. Be methodical and keep copies of everything you review.

1. Obtain the appointment documents and the will (if any).

   Ask the executor or the probate court clerk for a copy of the filed will and the court’s order appointing the personal representative. Those documents tell you who administers the estate and the beneficiaries and shares set by the will. If there is no will, California’s intestacy rules will determine shares among heirs (typically equal shares among siblings when there is no surviving spouse or descendants).

2. Identify what was sold and whether the sale was a probate transaction.

   Request the sale closing statement (escrow closing statement, HUD‑1 or Closing Disclosure) and the deed showing transfer out of the decedent’s name. The closing statement shows gross sale price and itemized deductions (commission, escrow fees, title fees, prorated taxes, payoff of mortgages or liens).

3. Get the Inventory and Appraisal and any court-ordered documents.

   In many California probate administrations the personal representative must file an inventory and appraisal of estate assets. That inventory, plus the final accounting, shows how the house and its proceeds were treated. Ask the executor for copies or check the probate file at the superior court where the case is pending.

4. Review the personal representative’s accounting or distribution statement.

   The accounting should show: gross sale proceeds, any liens or mortgages paid, real estate commissions, escrow/title charges, taxes, repairs made for sale, funeral or administrative expenses, creditor claims paid, and the personal representative’s statutory or allowed fees. The balance after those items is the distributable estate. Your share equals your percentage of that distributable estate.

5. Run a sample calculation (hypothetical example).

   Hypothetical facts: house sold for $500,000. Mortgage payoff $120,000. Real estate commission and closing costs $30,000. Repairs and escrow fees $5,000. Outstanding creditor claims paid from estate: $10,000. Probate administration fees (attorney + court + filing + statutory executor fee) total $25,000.

   Net distributable proceeds = 500,000 − 120,000 − 30,000 − 5,000 − 10,000 − 25,000 = $310,000.

   If the will or intestacy gives you a 1/3 share, your distribution = 310,000 × 1/3 = $103,333.33. Compare this to the amount the executor paid you.

6. Check the executor’s fees and expenses for reasonableness.

   California law allows personal representatives and attorneys to receive fees; if the estate is administered through court, the court usually approves them. If fees look unusually large or items are unsupported, request receipts and invoices. You may ask the court to review the reasonableness of fees if you have concerns.

7. Confirm timing and notices.

   The executor should provide beneficiaries with notice of accountings or distributions as required by the court. If you did not receive notice, ask the executor and the court clerk how and when notice was given.

8. If numbers disagree, ask for a written explanation and supporting documents.

   Send a polite written request to the personal representative asking for a reconciliation showing how your share was calculated, and attach the calculation you made. Ask for copies of the closing statement, paid invoices, canceled checks or bank statements showing payments, and the inventory and appraisal.

9. If you still disagree, consider formal action in probate court.

   You can object to the accounting or petition the court to compel an accounting. The court can order a formal accounting, require the representative to produce documentation, adjust distributions, or surcharge a personal representative for improper handling of estate property. For specifics on procedures and filing, contact the probate clerk at the county superior court or a probate attorney.

Common reasons distributions don’t match your expectations

• Some sale deductions (mortgage payoff, liens) are paid before the executor can distribute proceeds.
• Unpaid creditor claims or final income taxes were paid from proceeds.
• Executor took statutory compensation or court‑approved fees and attorney fees.
• Part of the property passed outside probate (joint tenancy, trust) and only a portion was in the probate estate.
• Clerical or calculation errors.

Helpful hints to keep the process smooth

• Ask for copies early: request the will, court appointment, inventory and appraisal, sale closing statement, receipts for expenses, and the accounting.
• Do your own clean calculation and show your math when you ask questions — clear comparisons help resolve errors fast.
• Keep records of your communications (emails, letters) with the executor.
• If the estate is complex or you suspect wrongdoing, consult a California probate attorney promptly.
• If money is involved and you are near the end of the statute of limitations to object, act quickly — timing matters in probate disputes.

When to get a lawyer

Consider hiring a probate attorney if the executor refuses to provide documentation, the accounting contains unexplained items, you suspect mismanagement, or if you need to file formal objections in probate court. An attorney can request a court‑ordered accounting, seek removal of the personal representative, or pursue surcharge claims if the executor breached fiduciary duties.