How to confirm an executor correctly calculated your percentage share from the sale of your sibling’s house (Georgia)

Short answer: Ask the executor for the sale closing statement and the estate accounting, verify how the executor deducted mortgages, liens, commissions, taxes, and other expenses from the gross sale price, then confirm the net estate available for distribution and the share percentage the will or Georgia intestacy law gives you. If the executor won’t cooperate or the accounting looks wrong, you can ask the probate court to compel an accounting or to review the executor’s actions.

Disclaimer: This is general information and not legal advice. For advice about your specific situation, consult a licensed Georgia attorney.

Key terms you should know

Executor (personal representative): The person appointed to manage and distribute the estate.
Estate assets: Property owned by the decedent at death, including the house sale proceeds.
Gross proceeds: The total sale price the buyer paid.
Allowable expenses: Mortgage payoffs, closing costs, real estate commissions, repairs/advertising, taxes, funeral costs, and validated creditor claims.
Net estate: What remains after you subtract allowable expenses and debts from gross proceeds.
Distribution: How the net estate is divided under the will or Georgia intestacy rules.

Detailed answer — step-by-step

1. Identify the legal basis for your share

First determine whether your sibling left a valid will. If there is a will, the will controls distribution (the executor must follow it). If there is no will, Georgia’s probate law governs intestate succession (see Georgia Code, Title 53 — Probate: https://www.legis.ga.gov/legislation/georgia-code/title/53). Under intestacy, who inherits depends on surviving relatives (spouse, children, parents, siblings, etc.). If you and other siblings are the heirs, the estate is typically divided among you according to the statutory scheme.

2. Ask for the documents you are entitled to see

Request these key documents from the executor:

Copy of the decedent’s will (if any) and the court’s order appointing the executor.
Sale closing statement (Closing Disclosure or HUD-1) showing the gross sale price and itemized deductions (commission, closing costs, mortgage payoff).
Mortgage payoff statement(s) and lien releases.
Receipts or invoices for repairs, advertising, and other sale-related expenses.
Proof of payment of estate debts, funeral expenses, taxes, and administration costs.
Inventory and appraisement filed with the probate court and any accountings the executor has filed.

3. Recreate the math — how to compute your share

Follow these steps using the documents above:

Start with the gross sale price from the closing statement.
Subtract the mortgage payoff(s) and any recorded liens paid at closing.
Subtract real estate commission and closing costs shown on the settlement statement.
Subtract validated estate debts, funeral expenses, taxes, and administration costs the executor paid from estate funds.
The remainder is the net estate amount available for distribution.
Apply the will’s distribution percentages or Georgia’s intestacy rules to the net amount to get your share.

Simple hypothetical example

Say the house sold for $300,000. The mortgage payoff was $100,000, commission 6% ($18,000), closing costs $2,000, and other validated debts/expenses $10,000. Net proceeds = 300,000 − 100,000 − 18,000 − 2,000 − 10,000 = $170,000. If the will gives you a one-third share, your distribution = $170,000 × 1/3 = $56,666.67.

4. Check timing and procedure in probate

Executors commonly must file inventories and accountings with the probate court. The probate court supervises the administration. For procedure, forms, and local rules, consult the Georgia Courts site: https://www.georgiacourts.gov/. If the executor has filed a final accounting and a petition for distribution, the court records will show the numbers used.

5. What to do if numbers don’t add up or the executor resists

Ask the executor politely for clarifying documents and an explanation in writing.
If the executor refuses or the accounting seems incomplete or inaccurate, you can file a motion with the probate court asking the court to compel the executor to produce an accounting.
If you suspect misuse of funds or a breach of fiduciary duty, you can petition the court to surcharge the executor (order repayment) or to remove the executor.
Consider hiring a Georgia probate attorney if the dispute is significant or the executor is uncooperative.

6. Evidence you can use

Use the closing disclosure, bank and escrow statements, mortgage payoff letters, bills of sale, paid invoices, probate court filings, and the executor’s accountings as evidence when you petition the court.

Legal remedies and where to look in Georgia law

Georgia probate law gives beneficiaries the right to an accounting and to challenge an executor’s actions in probate court. For general statutory reference, see Georgia Code Title 53 — Probate: https://www.legis.ga.gov/legislation/georgia-code/title/53. Procedural and court form information is available through the Georgia Courts website: https://www.georgiacourts.gov/. If you need to file a petition, contact the probate court where the estate is being administered; you can find local probate court contacts on the Georgia Courts site.

Helpful Hints

Request documents in writing and keep copies of all communications.
Start by asking for the closing statement — it reveals most sale deductions.
Confirm mortgage payoffs with the lender; payoff figures at closing should match lender statements.
Compare the executor’s accounting to the probate court file — many filings become public record.
If numbers are confusing, prepare a simple spreadsheet to track gross proceeds, each deduction, and net distribution.
Be mindful that taxes, creditor claims, or unresolved liens can reduce the distributable amount after closing.
Speak with a Georgia probate attorney before pursuing removal or surcharge—court actions have deadlines and costs.
If the amount in dispute is small, ask about mediation or informal settlement before suing or seeking removal.

If you would like, provide the sale figures and the distributions you were told, and I can help walk through the arithmetic and point out what documents you should request next.