How to Verify the Executor’s Calculation of Your Share from a Sibling’s House Sale — Colorado | Colorado Probate | FastCounsel
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How to Verify the Executor’s Calculation of Your Share from a Sibling’s House Sale — Colorado

Detailed Answer

Short answer: To confirm the executor (personal representative) correctly calculated your percentage share from the sale of your sibling’s house in Colorado, obtain the estate documents that show the sale proceeds and the estate expenses, verify the math that produces the net proceeds, and compare the net proceeds distribution to the will (or Colorado intestacy rules). If the accounting is incomplete or unclear, you can request a formal accounting from the personal representative or ask the probate court to compel one.

Step-by-step checklist to verify the calculation

  1. Get the key documents. Ask the personal representative (PR) for: the will (if any); the order appointing the PR; the sale contract and closing statement (HUD-1 or Closing Disclosure) for the house; the estate inventory and appraisement; the PR’s accounting (if prepared); invoices and receipts for expenses (repairs, real estate commission, title fees, closing costs); mortgage payoff statement and lien releases; and any checks or bank statements showing distributions.
  2. Confirm gross sale proceeds. Start with the sale price shown on the executed sales contract and the closing statement. The closing statement (often called a Closing Disclosure or HUD-1) will list gross proceeds and every disbursement made at closing.
  3. Identify and document allowable deductions from the gross proceeds. Typical, allowable deductions before distribution include:
    • Mortgage payoffs and lien satisfactions (verify payoff statements).
    • Real estate agent commissions and closing costs (verify invoices and the closing statement).
    • Title insurance and escrow fees actually paid at closing.
    • Repairs or improvements paid by the estate to prepare the house for sale (verify receipts).
    • Property taxes prorated at closing and any unpaid property taxes or municipal liens.
    • Reasonable estate administration expenses that the PR is authorized to pay.

    Anything paid by the buyer at closing or credited on the closing statement should be clear on that form; cross-check with supporting invoices and canceled checks.

  4. Compute the net sale proceeds. Net proceeds = Gross sale price − (all verified debts, liens, commissions, and closing deductions). Use the closing statement as the primary source. If the PR deducted other estate expenses after closing (e.g., funeral costs, creditor payments), you must add or subtract those from the estate accountings that show post-closing distributions.
  5. Determine your share under the will or under intestacy. If the will specifies a fraction, percentage, or specific formula, apply that to either (a) the net proceeds from the sale of that specific asset if the will directs a particular asset distribution, or (b) the residuary estate amount if the sale proceeds became part of estate cash to be divided. If there is no will, Colorado intestacy rules govern distribution. Compare your expected share to the distribution the PR made.
  6. Verify the PR’s accounting math and receipts. Match the PR’s line-item accounting to the documents you collected: closing statement, invoices, payoff letters, canceled checks, and bank statements. Recompute the totals yourself. If you see a deduction with no supporting document, ask the PR for proof.
  7. Use the court record. Most probate courts keep the estate file and any filed accountings and petitions. Review what the PR filed with the probate court (inventory, accountings, petitions for distribution). If the PR filed a formal accounting or petition for distribution, the court file will show what was approved.
  8. Ask for an explanation in writing. If anything is unclear, request a written explanation and copies of documents by email or certified mail. A clear, written request helps preserve your rights if you later need to petition the court.
  9. If you suspect errors or misconduct, petition the probate court. Colorado probate procedure allows interested persons to request an accounting, object to distributions, or ask the court to surcharge (financially penalize) a PR for improper charges or mismanagement. If mediation or informal resolution fails, consult a lawyer and consider filing a motion in the probate court that is handling the estate.

Example calculation (hypothetical)

Hypothetical numbers make this concrete. Suppose the house sold for $300,000. The closing statement shows the following disbursements:

  • Realtor commission: $18,000 (6%)
  • Title and closing fees: $2,500
  • Mortgage payoff: $150,000
  • Prorated property taxes: $1,500
  • Repairs paid before sale: $5,000 (receipted)

Net proceeds = $300,000 − ($18,000 + $2,500 + $150,000 + $1,500 + $5,000) = $123,000.

If the will directs that the residuary estate be split equally among three siblings, and the sale proceeds became part of that residuary, your share = 1/3 of $123,000 = $41,000. If the PR’s check to you differs, ask for the PR’s line-by-line accounting showing how they reached their number.

Colorado-specific rules and where to look

Colorado law governs the duties of a personal representative, required inventories, and the process for accountings and distributions. For an overview of the Colorado probate code and your rights as an interested person, see the Colorado Revised Statutes, Title 15 (Probate, Trusts, and Fiduciaries): https://leg.colorado.gov/colorado-revised-statutes/title-15-probate-trusts-and-fiduciaries

For probate court forms, filing requirements, and local procedures, check the Colorado Judicial Branch probate pages and local county court rules/forms: https://www.courts.state.co.us/Forms/Index.cfm?Category=Probate

When to involve an attorney or the court

  • If the PR will not provide documents or a clear accounting after you request them in writing.
  • If documents show unknown or suspicious deductions (missing invoices, large administrative fees without explanation).
  • If you believe the PR misapplied estate funds, failed to pay liens, or favored other beneficiaries unfairly.
  • If timely creditor claims or tax issues complicate distribution and you need legal guidance.

Detailed rights and remedies (brief)

As an interested person (beneficiary or heir), you generally have the right to request information and an accounting from the PR. If informal requests fail, you can ask the probate court to compel accountings, resolve objections, and, in cases of mismanagement, impose remedies such as surcharge, removal of the PR, or other relief through court proceedings.

Helpful Hints

  • Always ask for the closing statement (Closing Disclosure or HUD-1) first — it often answers most questions about who got what at closing.
  • Keep written records of every request you make to the PR. Send requests by email or certified mail and keep copies of any responses.
  • Match each deduction on the PR’s accounting to a supporting document: invoice, paid check, or bank statement.
  • Watch for double deductions — e.g., a mortgage payoff shown at closing and again deducted from estate cash.
  • If a large repair or improvement was done before sale, confirm whether it was paid by the estate or by the buyer’s concessions; the closing statement will usually show that.
  • If you are told distributions are “net of expenses,” ask for the detailed computation that produced the net amount.
  • If you plan to contest accounting or distributions, meet with a probate attorney early — contests often have strict timing and procedural rules.

Disclaimer: This article explains general Colorado probate practice and is for informational purposes only. It is not legal advice. Laws change, and every estate is different. For legal advice about a specific situation, consult a licensed Colorado probate attorney.

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.