Verify an Executor’s Calculation of Your Share from a Sibling’s Home Sale (Illinois)

Disclaimer: This article explains general Illinois probate concepts and practical steps. It is not legal advice. For advice about your specific situation, consult a licensed Illinois probate attorney.

Detailed Answer

When a sibling’s home is sold during probate, you may receive a percentage share of the net proceeds. To confirm the executor’s calculation under Illinois law, follow these steps:

1. Confirm your legal interest

Identify whether you are a named beneficiary under the decedent’s will or an heir under Illinois intestacy rules. If there is a will, the decedent’s terms control distribution. If there is no valid will, Illinois intestacy rules determine who inherits and in what share. See the Illinois Probate Act (755 ILCS 5/) for the probate framework and intestacy rules: Illinois Probate Act (755 ILCS 5/).

2. Obtain the core probate documents

Ask the executor or probate court clerk for copies of:

• the will (if any) and the court’s order admitting it to probate;
• the letters testamentary or letters of office appointing the executor/administrator;
• the petition and court order authorizing the sale of the real estate;
• the estate inventory and list of assets filed with the court;
• the final or interim account of receipts and disbursements filed by the executor;
• closing statements for the real estate sale (settlement statement, HUD-1, or Closing Disclosure) and payoff statements for any mortgages or liens.

Executors generally must file inventories and accountings with the probate court. The Probate Act explains filing and accounting requirements: Illinois Probate Act (755 ILCS 5/).

3. Understand how the executor should calculate your share

The basic math steps the executor should use are:

1. Start with the gross sale price of the house (the contract price).
2. Subtract all legitimate closing items and encumbrances paid from the sale proceeds: mortgage payoff(s), recorded liens, outstanding property taxes or tax prorations, title charges, transfer taxes, county recording fees, and required repairs or escrowed items agreed at closing.
3. Subtract reasonable selling costs: realtor commissions, advertising, and any court-ordered costs tied to the sale.
4. Subtract estate administration expenses and liabilities that the estate must pay from the asset (debts of the decedent related to the estate, funeral expenses, and probate costs). If the executor charged fees or attorney compensation, those amounts may be deducted if allowed by the court or statute.
5. The remaining amount is the net distributable proceeds from that asset. Apply your percentage interest (as a fraction of the estate or as the will directs) to the distributable amount to get your share.

Example (hypothetical): gross sale price $300,000. Payoff mortgage $120,000; realtor commission 6% ($18,000); closing costs and title fees $3,000; prorated property taxes $1,000; estate-administration expenses charged to the estate from this asset $2,000. Net distributable = 300,000 – (120,000 + 18,000 + 3,000 + 1,000 + 2,000) = $156,000. If your share is 50%, your distribution would be $78,000.

4. Verify line-by-line with supporting documents

For each deduction, ask the executor for the supporting invoice, payoff statement, settlement statement, or cancelled check. Typical documents you should examine:

• Closing Disclosure or HUD-1 showing sale proceeds and seller debits;
• Mortgage payoff statements showing exact principal and any prepayment penalty;
• Invoices for repairs, estate bills, and receipts;
• Realtor commission agreement and final commission disbursement;
• Copies of checks or bank statements showing payments made by the estate.

5. Use probate accounting rules and your right to an accounting

Beneficiaries have the right to request and review the executor’s accounting filed in probate court. If the executor files a formal account, the court will allow beneficiaries to inspect it and to object if an item seems improper. The Probate Act contains provisions governing accounts and distributions; consult the probate court or the act for details: Illinois Probate Act (755 ILCS 5/).

6. If something looks wrong, take action

If you believe the executor deducted improper items, misapplied the percentage, or failed to account for items, you can:

• Ask for a written, itemized explanation and copies of supporting documents;
• File a written objection to the executor’s account with the probate court and ask the court to require a formal accounting;
• Request appointment of an independent auditor or move the court to surcharge the executor for improper conduct;
• Hire a probate attorney to represent your interests; an attorney can draft objections, evaluate the accounting, and appear at hearings.

Because timelines and procedural rules matter, consider seeking legal help promptly once you spot a possible error.

Special situations

– If the property passed outside probate (for example, joint tenancy with right of survivorship or a transfer-on-death designation), the sale proceeds may not be estate assets and probate accounting rules may not apply in the same way. – If the sale occurred before formal appointment of an executor, examine whether the person who sold the property had legal authority to do so.

Helpful Hints

• Start by confirming whether the estate is in probate and get the case number from the county probate court clerk.
• Request copies of all sale-related closing documents and the executor’s accounting in writing; keep a dated record of your requests.
• Create your own spreadsheet showing gross proceeds, each deduction (with document reference), net proceeds, and your computed share—use the hypothetical example above as a template.
• Look for double deductions (e.g., the same debt paid twice) and for deductions that look personal to the executor rather than estate-related.
• Check whether the executor sought court approval for large or unusual deductions (court approval may be required for certain fees or for sale below market value).
• Keep in mind executors may be entitled to statutory compensation and reimbursement for reasonable expenses, but the court supervises those amounts.
• If you cannot get cooperation, ask the probate court clerk about how to file a petition to compel an accounting or to remove an executor for misconduct.
• Document everything and act quickly; procedural deadlines in probate can limit remedies.

Useful resource: Illinois Probate Act (overview and statutory text) at the Illinois General Assembly: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2102&ChapterID=59.

If you want, provide (non-sensitive) details about the documents you have and the numbers the executor used, and I can walk through a sample calculation or point out items to question. For formal challenges, talk to an Illinois probate attorney quickly—especially if you face court deadlines.