Claiming Surplus Funds After a Florida Tax Deed Sale — FAQ and Step‑by‑Step Guide

Quick answer: If a Florida tax deed sale generated money in excess of the taxes, interest, and sale costs, the clerk of court usually holds the surplus. To get the surplus you must prove you are legally entitled to it (the former owner, an heir, a personal representative, a lienholder, etc.), submit required documents, and—if there are competing claims—ask the circuit court to decide. This article explains the typical steps, the documents you will need, and when to get legal help.

Detailed answer (how the process works in Florida)

When a property is sold at a Florida tax deed sale, the county must first apply the sale proceeds to unpaid taxes, interest, fees, and sale costs. Any amount left over (a “surplus” or “overage”) is not automatically released. Florida’s tax collection statutes and local procedures control how surplus funds are handled. See Florida Statutes, Chapter 197 (tax collection and tax deed sales): Ch. 197, Fla. Stat..

Step 1 — Confirm whether surplus funds exist and where they are held

– Contact the county clerk of court (where the tax deed was recorded) and the county tax collector. Ask whether a surplus/overage resulted from the tax deed sale and whether the clerk is holding the funds in the court registry or another account. The clerk can give you the sale accounting and any claim procedures used by that county.

Step 2 — Identify who may claim the surplus

Common claimants include:

The former record owner of the property (if alive).
Heirs or beneficiaries of the former owner (if the owner is deceased).
A personal representative (executor/administrator) of the former owner’s probate estate.
Properly recorded lienholders or mortgagees with a valid lien at the time of sale (in some cases).

Power of attorney may allow you to act for a living owner, but a power ends if the owner dies. If the owner is deceased, you typically need letters testamentary or letters of administration (probate paperwork) or a court order allowing distribution.

Step 3 — Gather the documents you will need

Typical documents requested by clerks include:

Photo ID for the claimant.
Proof of relationship to the owner (death certificate plus will or heirship documents; family tree; certified copy of the death certificate).
Letters testamentary or letters of administration (if the estate is opened).
Power of attorney, guardianship order, or other proof of authority (if acting on behalf of an owner who is alive but incapacitated).
Any recorded liens or mortgage documents if you claim as a lienholder.
Claim form required by the county (many clerks have a local “Surplus Funds Claim” form).

Step 4 — File the claim with the clerk or ask the court to determine entitlement

Procedures vary by county. Some counties accept a clerk’s claim package and release funds if no competing claim exists. When multiple parties claim the same surplus, or when the clerk requires it, you must file a petition or motion in the circuit court asking the court to determine which claimant is entitled to the funds. The clerk will typically keep the funds in the registry until the court issues an order directing payment.

How long do you have to claim surplus funds?

Time limits differ by county and by type of claim. In many counties the clerk acts promptly on filed claims, but if no one claims the funds the county may have its own unclaimed property rules that ultimately transfer funds to the state as unclaimed property. Do not wait—contact the clerk as soon as you learn of a possible surplus.

What if your mother is deceased?

Hypothetical: Your mother’s home sold at a tax deed sale and produced a $50,000 surplus. You are her only child.

Steps you would commonly take:

Obtain a certified copy of your mother’s death certificate.
Check whether your mother left a will. If yes, open probate and obtain letters testamentary. If no will, open intestate administration and obtain letters of administration.
Present the letters and other identity documentation to the county clerk and file a formal surplus claim or petition for distribution of funds.

Without probate paperwork or a court order, the clerk often will not release funds to a family member. Some counties allow small-amount disbursements on affidavit, but larger sums usually require letters or a court order.

Common complications

Competing claimants (multiple heirs, creditors, mortgage holders).
Lack of probate or missing documentation.
Claims by lienholders that may have priority over the former owner’s claim.
Clerical or timing issues that require a court proceeding to resolve entitlement.

When to consider hiring an attorney

Get a Florida probate or real‑property attorney if:

Multiple parties claim the funds and the clerk requires a court decision.
The estate is contested or complex.
You need help opening probate or obtaining letters to present to the clerk.
The claimed surplus is large and the county’s procedures are unclear.

Helpful statutes and official resources

Florida Statutes, Chapter 197 (taxes and tax collectors): https://www.leg.state.fl.us/statutes/ (Ch. 197).
Florida Courts (general forms and local clerk contact links): https://www.flcourts.gov/.

Example checklist — What to do right now

Call the county clerk of court where the property was located. Ask: did the tax deed sale create surplus funds, and where are they being held?
Ask the clerk for the required surplus-claim form and a copy of the sale accounting.
Gather ID, death certificate (if applicable), and probate paperwork or other proof of authority.
If the clerk cannot release funds or if there are competing claims, consult a Florida probate/real-property attorney about filing a petition in circuit court.

Helpful Hints

Start with the county clerk — they hold the records and the funds and can explain local procedure.
Power of attorney does not survive death. If your mother is deceased you will usually need probate letters to claim the surplus.
Get certified copies of the deed, sale documents, and the death certificate — clerks often require originals or certified copies.
If multiple parties claim the same money, the clerk will usually require a court order. Expect extra time and possible lawyer involvement.
Keep records of every phone call and every document you file. Save emails, receipts, and the clerk’s responses.
Even if the surplus seems small, act promptly. Unclaimed funds may eventually be subject to state unclaimed property rules.

Where to get local help

Contact the county clerk of court for the county where the property sat. If you need legal help, look for a Florida attorney who regularly handles probate and tax deed or real property matters. Many county clerk websites provide contact information and local forms.

Disclaimer: This article is educational only and is not legal advice. Laws change and every situation is different. For advice about your specific circumstances, consult a licensed Florida attorney.