Understanding whether a right of survivorship in a deed can help you claim a larger share of surplus funds

Short answer: Possibly — but only if the deed actually created a right of survivorship and that right affected who owned the property at the critical time under Arkansas law. Whether you can assert that survivorship right to increase your share of surplus sale proceeds depends on the deed language, the date of the co‑owner’s death, the date of the sale or distribution, and whether competing claimants file timely claims. This is not legal advice. Consult a licensed Arkansas attorney for case-specific guidance.

Detailed answer — how survivorship interacts with surplus funds in Arkansas

Start with three basic concepts:

What the deed actually says. A deed can create different types of co-ownership: joint tenancy with right of survivorship (JTWROS) or tenancy in common, among others. A clear expression of a survivorship intent (for example, language like “as joint tenants with right of survivorship” or similar wording) is what courts look for.
When title vests. For foreclosure and sheriff-sale surplus distributions, the controlling time is often the time the court or sheriff recognizes ownership for distribution — commonly at the time of sale or when the sheriff’s deed or distribution is made. If survivorship had already operated before that point, only the surviving co-owner holds title and gets the surplus. If the decedent still held an interest at the moment the event fixed entitlement, that interest may produce a share of the surplus that goes to the decedent’s estate or heirs.
Who has a recorded, enforceable interest. Courts and sheriffs will look at recorded documents and legal proof. If multiple people claim the same funds, the court will decide competing claims.

How this plays out in common scenarios (hypotheticals)

Hypothetical A — Death before the sale, clear survivorship language:

Anna and Ben hold title to a house “as joint tenants with right of survivorship.” Anna dies two months before the foreclosure sale. Because the deed created a right of survivorship and Anna’s interest passed automatically to Ben before the sale, Ben is the sole owner at the time of sale. If the foreclosure sale produces surplus funds, Ben generally can claim the entire surplus (subject to other liens or recorded claims).

Hypothetical B — Death after the sale but before distribution:

Anna and Ben hold title as joint tenants with survivorship. The property sells at sheriff’s sale while both are alive. The sheriff’s sale produces more money than the liens. If Anna dies after the sale but before final distribution, entitlement often depends on the timing of the sale and the moment the right to the surplus is fixed by statute or court order. You will need to see how the sheriff/court treats the funds — sometimes the surplus is treated as part of the proceeds tied to the title as of the sale date; in that case, both owners who were alive at sale may have claims until distribution.

Hypothetical C — Deed ambiguous or tenancy in common:

If the deed does not expressly create a survivorship right and merely conveys to “A and B,” Arkansas courts may interpret the conveyance as tenancy in common. On that view, when A dies, A’s share passes according to A’s will or intestacy, not automatically to B. In a surplus-funds dispute, A’s estate or heirs could claim A’s share unless a court finds otherwise.

What proof you will likely need

A certified copy of the recorded deed showing the exact wording of the conveyance (county recorder/assessor).
A certified death certificate for a deceased co‑owner (if survivorship is asserted because of death).
Title search or title report showing the chain of title and recorded liens or encumbrances.
Court or sheriff-sale paperwork showing sale date, sheriff’s deed, and any distribution orders.

Important Arkansas law resources

Arkansas law that governs property transfers, foreclosure sales, and distribution procedures is found in the Arkansas Code. You can review the state statutes and foreclosure provisions on the Arkansas General Assembly website for the precise statutory language and local procedure. Start here: Arkansas General Assembly (Arkansas Code).

Common pitfalls and competing claims

Ambiguous deed language. If the deed lacks an express survivorship clause, courts may not create a survivorship right for you.
Recorded liens and prior interests. Recorded lienholders, judgment creditors, or purchasers at sale may have superior claims to surplus proceeds.
Timing issues. Death dates, sale dates, and distribution dates can change who is entitled to funds.
Failure to file a timely claim. Surplus funds are often handled by the sheriff, clerk, or court; failing to file a claim or appear when required can forfeit your chance to recover funds.

Practical steps to assert a survivorship claim to surplus funds in Arkansas

Obtain certified copies of the deed and the recorded chain of title from the county recorder/recorder of deeds.
Get a certified death certificate if you rely on survivorship by reason of death.
Run a full title search (or ask a title company) to identify all recorded liens and claims.
Check the sheriff’s or circuit court’s foreclosure files to find the date of sale, distribution orders, and any deadlines for filing claims for surplus funds.
File the required claim with the sheriff/circuit clerk, or file a motion in the foreclosure case if other claimants contest the funds. Provide documentary proof (deed, death certificate, title report).
If a dispute arises, be prepared to ask the court to determine title and entitlement. An attorney can file the right pleadings and represent you in court.

When to talk to an attorney

You should consult a licensed Arkansas attorney if:

Competing claimants dispute the surplus funds.
The deed language is unclear or contested.
There are multiple liens, or you suspect fraud or forgery.
You face impending deadlines to file a claim or object in court.

Helpful Hints

Read the deed wording carefully — the exact phraseology often controls whether a survivorship interest exists.
Get certified copies of recorded documents rather than relying on photocopies or online images.
Recordings and the local county clerk or recorder are critical — always verify the recorded chain of title in the county where the property is located.
If someone died, obtain an official death certificate from the Arkansas Department of Health or the county vital records office.
Act quickly — foreclosure and surplus proceedings follow strict schedules. Missing a deadline can forfeit rights.
Keep copies of every filing and correspondence with the sheriff or clerk. Proof of service and filing dates matters.
Ask for a title search or title report early. That will reveal other claimants and liens that reduce surplus entitlement.

Where to look for more information

Start with the Arkansas Code and the circuit court where the foreclosure occurred. The Arkansas General Assembly site provides access to statutes and legislative text: https://www.arkleg.state.ar.us/. For property- and foreclosure-specific procedures, search the Arkansas Code for chapters on real property and foreclosure sale procedures or contact the county circuit clerk for local practice and forms.