Families are often surprised to learn that a parent's or relative's home was sold at a foreclosure or tax deed sale and that money was left over. That surplus does not vanish when the owner passes away. In Florida it generally becomes part of what the family can claim through the estate.
This guide explains how that works in general terms. Every estate is different, so treat it as a starting point, not legal advice.
The money follows the owner's estate
For foreclosure surplus, section 45.032(2) presumes the surplus belongs to the owner of record on the date the lis pendens was filed. Section 45.033(2)(b) recognizes that the right to collect the surplus can pass by an involuntary transfer, and it names inheritance as one example.
If the surplus is not claimed in time and the clerk sends it to the state, section 45.032(3)(c) says the owner of record reported by the clerk, or the beneficiary of a deceased owner of record, remains entitled to it.
Tax deed surplus works through a different statute, section 197.582. The clerk holds the money and mails a notice to the people with an interest in the property. Claims are filed with the clerk on a notarized statement.
Who can usually sign for the estate
The person who can claim depends on how the estate is handled:
- A personal representative appointed by a Florida probate court can usually act for the estate.
- Summary administration is a shorter probate process. Under section 735.201, it may be available when the estate subject to administration in Florida is below the statutory threshold or the person has been deceased for more than 2 years, and the will does not require full administration.
- Heirs without an open estate may be asked by the clerk, the court, or the state to show how they are entitled. That often means opening an estate first.
Documents families usually gather
- A certified death certificate
- The will, if there is one
- Letters of administration or an order of summary administration, if a probate case was opened
- Proof of your relationship, such as birth or marriage certificates
- A valid photo ID for each person signing
- Any notice from the clerk about the surplus
If the funds have already moved to the State of Florida, section 717.124 requires a claim on the state's form with a copy of the claimant's driver license or other photo identification. Estate claims usually need the probate paperwork as well.
Common complications
- More than one heir, especially when siblings disagree
- An heir who has also passed away
- A mortgage, HOA, or other lien that also claims the surplus
- Someone who already filed a claim or an assignment
- A property that was owned with a spouse or another co-owner
Where to start
Call the clerk of court in the county where the property was located and ask whether surplus is still being held, and whether any claims have been filed. If the money has moved to the state, you can search Claim Your Cash Florida at ClaimYourCashFL.gov.
Heir claims are among the most paperwork-heavy surplus claims in Florida. Complicated claim? A Florida law firm can handle it for you.
Call (800) 583-0551 or start a free case review. No fee unless we recover money for you.
