Claim surplus funds as heir

Lost a Family Member? Here's How to Check If You're Entitled to Surplus Funds

August 12, 20253 min read

Lost a Family Member? Here's How to Check If You're Entitled to Surplus Funds

Losing a loved one is hard enough. But what often follows handling their financial affairs can be just as overwhelming. One opportunity many families don’t know about is the chance to claim surplus funds left behind from a foreclosed property.

If your relative lost their home to foreclosure before they passed away, there could be unclaimed money waiting for their heirs. Here’s how to find out if you qualify and what steps to take to claim what’s rightfully yours.


What Are Surplus Funds?

Surplus funds are the leftover money after a foreclosed property is sold at auction. Once the mortgage, legal fees, and taxes are paid off, any remaining amount becomes surplus funds.

Example:
If the home sold for $220,000, and the total owed debts were $180,000, the leftover $40,000 may belong to the homeowner’s estate, and potentially, to you.


How to Find Out If Surplus Funds Exist

You don’t need to be a lawyer to start your search.

Follow these simple steps:

  1. Locate the County of Foreclosure
    Search the Clerk of Court or Public Trustee in the county where the property was located.

  2. Search Public Records
    Look up the homeowner’s name and property address to find foreclosure sale details.

  3. Contact the County or Trustee Office
    Provide the deceased’s name, foreclosure date, and address to ask whether surplus funds exist.

  4. Request Claim Instructions
    If funds are available, request step-by-step instructions to file a claim as an heir. 

You’ll likely need:

  • Death certificate

  • Proof of your relationship

  • Government-issued ID

  • Probate or small estate documents

Who Is Entitled to Surplus Funds?

You may be entitled to claim surplus funds if you’re:

  • A spouse

  • A child or grandchild

  • A sibling

  • A named beneficiary in a will

  • A legal next of kin under state inheritance laws

If the estate has a will, it governs who receives the funds. If not, state law will decide through intestate succession.

Not Sure You’re an Heir?

Even if you weren’t named in a will, or if no will exists, you still may qualify.

Using a small estate affidavit or starting a probate case can help establish your legal right to claim.

How Long Do You Have to Claim?

The clock is ticking.
Each state has a statute of limitations, typically ranging from 1–5 years. If you wait too long, the funds may escheat to the state permanently.

Do You Need a Lawyer or Recovery Service?

It’s possible to file a claim on your own, but many families prefer expert guidance.

A reputable surplus recovery company (like us) can:

  • Verify if funds exist

  • Help you avoid probate mistakes

  • File the correct paperwork

  • Work directly with the court

  • Charge nothing upfront

Avoid These Common Mistakes

→ Ignoring official notices
→ Missing state deadlines
→ Not filing probate when needed
→ Hiring unverified recovery services that ask for upfront payment

Let Us Help You Move Forward

If you’ve recently lost a loved one and think surplus funds may exist, you don’t have to figure it out alone.

At Heritage Surplus Solutions, we guide heirs through every step, with clarity, transparency, and no upfront cost.

📞 Call us at +1 888-981-9848
📧 Email
[email protected]
🌐 Visit
heritagesurplus.com



You may have lost a loved one, but you haven’t lost your right to what’s legally yours.

Let’s help you claim it.

Back to Blog