Quick answer

If you suspect the executor (personal representative) has miscalculated your share of proceeds from a sibling’s house sale, you can confirm the math by (1) identifying how the will or intestacy law in Delaware defines your share, (2) obtaining the estate accounting and closing documents, (3) reconstructing the net sale proceeds after allowed deductions, and (4) comparing that net amount to your pro rata allocation. If the executor will not provide documents or your review shows an error, Delaware’s probate procedures let you request or compel an accounting through the Register of Wills or the court. This is educational information, not legal advice.

Detailed answer — step by step

1. Determine what you are entitled to under Delaware law

Start by identifying whether the house was gifted specifically, included in a residuary gift, or the estate is intestate (no will). If there is a valid will, your entitlement comes from the will’s language. If there is no will, Delaware’s intestacy rules determine shares. For an overview of Delaware statutes governing probate and wills, see Delaware Code, Title 12 (Probate and Decedent’s Estates): https://delcode.delaware.gov/title12/.

2. Gather the documents the executor must produce

To confirm calculations you will need:

• Copy of the will (if any) and any codicils.
• Estate inventory or list of assets filed with the Register of Wills.
• The real estate closing statement (e.g., HUD-1 or Closing Disclosure) showing sale price, buyer/seller charges, commissions, transfer taxes, prorations, and mortgage payoffs.
• Accounting or statement of distribution prepared by the executor showing receipts and disbursements.
• Copies of paid bills related to the sale (repair invoices, realtor commissions, closing costs), creditor claims paid, and receipts for estate administration expenses.

3. Reconstruct the net sale proceeds

Work from the sale price and subtract only permitted, documented items. A typical sequence:

1. Gross sale price.
2. Subtract: realtor commissions and closing costs paid at sale (see closing disclosure).
3. Subtract: mortgage balance and liens paid off from sale proceeds (must be shown by payoff statements).
4. Subtract: any agreed-upon repairs or seller concessions (documented invoices).
5. Result = net proceeds from the sale available to the estate (subject to other estate expenses and creditor claims).

4. Apply estate priorities before distribution

Net sale proceeds typically become part of the estate’s cash. Before distributions to beneficiaries, the executor uses estate assets to pay administrative expenses and valid creditor claims. Only after satisfying those obligations can the executor distribute to beneficiaries. Ask for documentation showing items paid out of the sale proceeds (taxes, funeral, administration). Delaware probate rules and the Register of Wills govern filings and accountings; see the Register of Wills information page for the appropriate county office: https://courts.delaware.gov/register-of-wills/.

5. Calculate your percentage share

How you compute your percentage depends on the nature of your gift:

• If you are entitled to a stated percentage in the will (for example, 25% of the residuary estate), calculate your share from the residuary (or from the estate balance allocated to the residuary) after expenses and creditor claims are paid.
• If the will gives you a specific dollar amount or the house itself, distribution rules differ: a specific devise may be satisfied by delivering the property or its cash equivalent; the residuary beneficiaries share what remains.
• If intestate, find your share under Delaware intestacy rules and calculate your fractional interest of estate assets (including net proceeds). The Register of Wills or an attorney can help interpret intestacy shares if there is more than one heir.

Example (hypothetical):

Sale price: $300,000
Realtor commission (6%): $18,000
Closing costs and transfer taxes: $3,000
Mortgage payoff: $120,000
Documented repairs paid from sale proceeds: $2,000
Net proceeds: $300,000 – $18,000 – $3,000 – $120,000 – $2,000 = $157,000

If the estate’s administrative expenses and creditor claims total $7,000, available for distribution = $150,000. If you are entitled to 25% of the residuary, and the residence sale is part of the residuary, your share = 25% × $150,000 = $37,500. Compare that to the executor’s reported payment to you.

6. Request an accounting and records

Delaware law provides procedures to require an executor to provide inventories and accountings. If the executor is not cooperative, you can request a formal accounting through the Register of Wills or the court handling the estate. The courts’ probate information and local Register of Wills offices explain filing procedures and required forms: https://courts.delaware.gov/register-of-wills/.

7. If numbers still don’t match, next steps

• Send a written request for explanation and copies of supporting documents.
• If the executor’s explanation is unsatisfactory, you can file a petition with the Register of Wills or appropriate probate court to compel an accounting and review distributions.
• Consider hiring a probate attorney to review the accounting, especially if significant sums are at issue or if you suspect misappropriation. An attorney can advise whether to seek removal of the executor, surcharge (repayment) for misapplied funds, or other relief.

Helpful hints

• Ask early. Executors generally should keep beneficiaries informed and provide copies of accountings; prompt requests increase the chance of an informal resolution.
• Keep copies of any documents you receive and make a short written record of communications (dates, what was asked, and responses).
• Focus on source documents: closing disclosure, mortgage payoff, invoices, cancelled checks or bank statements showing payments made from sale proceeds.
• Be precise about what was deducted. Common legitimate deductions are commissions, mortgage payoffs, closing costs, and documented repairs. Watch for undocumented “administrative” deductions.
• If the house was a specific devise (left “to X”), ensure the will’s language did not require selling the house to pay debts or that the executor did not convert a specific gift improperly.
• Delaware probate procedures and offices differ by county; contact the local Register of Wills for the county where the decedent lived for filing requirements and forms: https://courts.delaware.gov/register-of-wills/.
• When in doubt, consult a Delaware probate attorney to review the accounting and advise whether a formal petition is warranted.