How to confirm an executor’s calculation of your share from the sale of your sibling’s house (Indiana)

Short answer: Ask the personal representative for the estate records (sale settlement, mortgage payoff, invoices, and the estate accounting), check whether the property was estate property or jointly owned, recompute the net probate proceeds, and compare your share under the will or Indiana intestacy rules. If you still disagree, you may petition the probate court to require a formal accounting or resolve the dispute. This article explains each step and gives a simple math example.

Disclaimer

This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Indiana probate attorney.

1. First things to confirm: ownership and the representative’s authority

Was the house solely owned by the deceased or co-owned (joint tenancy, tenants in common, life estate, etc.)? If it was jointly owned with right of survivorship, the house may have passed outside probate. If owned solely by the decedent, sale proceeds are estate assets.
Did the decedent leave a will that names an executor (personal representative)? If so, the will controls distributions subject to court oversight. If not, distribution follows Indianas intestate succession rules (see Indiana Code Title 29, Chapter 1, Article 2): IC 29-1-2 (Intestate succession).
Confirm the person claiming to be the executor has Letters Testamentary or Letters of Administration issued by the probate court. These documents give authority to act for the estate.

2. Documents you should request from the personal representative

Ask for copies of the following. You can request them informally in writing; if the representative refuses, you can request court intervention.

Sale settlement statement or closing statement (HUD-1 or Closing Disclosure) showing gross sale price and seller-side costs (commissions, prorations).
Proof of payoff for any mortgages or liens (bank payoff statements).
Receipts/invoices for repairs, broker commissions, title charges, and closing costs paid from sale proceeds.
Estate inventory or schedule of assets filed with the probate court.
Interim and final accountings (the accounting shows what the estate collected, paid, and distributed).
Copies of the will and the court file (petition for administration, orders, Letters).

3. How to recompute your percentage share step-by-step

Start with the gross sale price of the house.
Subtract seller-side closing costs directly related to the sale: real estate commissions, escrow/title fees, seller-paid repairs or concessions, and prorations that reduce the seller net. The closing statement should list these precisely.
Subtract any mortgage payoff(s) and lien payoffs recorded against the property. Those amounts are not distributable; they are paid to creditors out of sale proceeds.
Subtract other estate debts and permissible administrative expenses paid from the estate (probate filing fees, attorney fees authorized by the court, executor compensation if approved, taxes attributable to the estate). Some items may be paid from other estate assets rather than sale proceeds; the accounting should show how each expense was charged.
The remaining amount is the net distributable proceeds from that sale. If the house was the only estate asset, this may be nearly the whole distributable estate; if not, it is one part of the distributable estate.
Determine how the distributable estate is split: under the will (follow the wills directions) or, if intestate, under Indianas intestacy rules: IC 29-1-2. If the will or ownership interest gives you a percent or fraction, multiply that fraction times the net distributable proceeds to get your share. If multiple assets, proxies may be used to convert other assets to cash values for distribution.

Simple hypothetical example

Facts (hypothetical): decedent owned house in sole name; sale price = $300,000; real estate commission and seller closing costs = $18,000; mortgage payoff = $100,000; probate and administration expenses charged against the estate = $6,000. Decedent had no surviving spouse or children; three siblings inherit equally under intestacy.

Net distributable from house sale = $300,000 – $18,000 – $100,000 – $6,000 = $176,000.
Equal shares for three siblings = $176,000 / 3 = $58,666.67 each, which is about 33.33% of the net distributable proceeds.

4. Issues that commonly cause errors or disagreements

Sale costs mistakenly charged twice or charged to the estate rather than the sale escrow.
Repayment of debts that were not properly documented or were not liens on the property.
Allocation of taxes, funeral expenses, or other debts between estate assets.
Sale of property below fair market value without court approval or appropriate appraisal (this can reduce distributions).
Co-owned property where ownership shares determine distribution instead of intestacy.

5. If you still think the calculation is wrong: next steps

Send a written, dated request to the personal representative asking for the specific records listed above and a calculation showing how they reached your figure.
Ask the probate court clerk how to obtain copies of the estate inventory and filed accountings in the court file. Many filings are public records in the probate file.
If the representative will not provide records or if the accounting looks incorrect, you can ask the probate court to compel an accounting, to surcharge (seek damages) the personal representative for mismanagement, or to remove the representative in extreme cases. Rules and remedies are in Indiana probate law and the courts procedures: IC Title 29 (probate administration) and your local probate court rules.
Consider mediation or hiring an attorney to review the numbers and, if necessary, file the appropriate petition in probate court.

6. Where to find forms and local information

Indiana Courts, probate information: https://www.in.gov/courts/probate/
Indiana Code (Title 29, Probate): https://iga.in.gov/laws/2024/ic/titles/29

Helpful hints

Always get documents in writing. A written accounting and copies of settlement statements make errors easier to verify.
Check the sale closing statement line-by-line against bank payoff statements and receipts.
Remember the difference between gross sale price and net distributable proceeds.
If the house was co-owned, determine whether title passed by operation of law or through probate; ownership percentages determine distribution for co-owned property.
Keep a clear paper trail of your communications and any offers to resolve the dispute informally.
Act promptly. Probate timelines and deadlines for objections vary by county and by the type of proceeding.

If you want, provide a short summary of the facts of your situation (ownership type, whether there was a will, sale price, and documents you have). I can walk you through the arithmetic you should expect to see on the accounting or suggest what to request from the personal representative.