Detailed Answer

When a property sells at a sheriff’s sale or tax sale in Iowa and brings in money above what was owed (a “surplus” or “overplus”), the court or county will normally pay those surplus funds to the person or entity legally entitled to them. To claim those funds you must prove your legal interest in the property or right to the funds. Different types of claimants must provide different documents. Below is a practical checklist of the most commonly required documentation and how to get it ready for filing.

Who may claim surplus funds?

Typical claimants include: the former property owner(s) of record; a spouse or heir; a person who holds title by deed; a mortgage or lienholder with a recorded lien; a personal representative or executor of an estate; a trustee or beneficiary of a trust that owned the property; and persons or entities with an assignment of rights. Whoever files must show they had the legal right to the property or to the surplus at the time of sale or by operation of law.

Core documents to prove ownership or entitlement

• Recorded deed(s) — The deed showing legal title (warranty deed, quitclaim deed, etc.) recorded in the county recorder’s office. Provide a certified copy or an official printout from the recorder.
• Certificate of title or title search — A title report or evidence from a title company that shows chain of title and any encumbrances before the sale.
• County tax records — Records showing the owner of record and tax payment history can help establish ownership and possession.
• Death certificate + probate letters — If the registered owner is deceased, provide a certified death certificate plus Letters Testamentary or Letters of Administration from the probate court showing who controls the estate (see Iowa probate procedures).
• Trust documents — If the property was held in a trust, provide the trust instrument or a certification of trust and any recorded trustee deed or certification showing the trustee’s authority to act.
• Power of attorney (POA) — A notarized and, if required, recorded POA authorizing you to act for the owner. Iowa often requires a currently effective, properly executed POA for third-party filings.
• Business documents — For corporate or LLC claimants: certified articles of incorporation/organization, a certificate of good standing, and a corporate resolution authorizing the person who signs to act on the entity’s behalf.
• Assignment or transfer documents — If rights were assigned to you (for example, a mortgage buyer or assignee), a written and recorded assignment showing the chain of assignment and dates.
• Judicial or court order — Any court order awarding the right to surplus funds (for example, a partition or quiet-title judgment) or authorizing distribution to an estate or person.
• Identification — Government-issued photo ID for the person signing the claim; corporate signers should include ID for the authorized agent.

Documents to prove relationship to an owner (if you are not the owner of record)

• Affidavit of heirship — If heirs claim the surplus and the estate is small or informal, an affidavit of heirship may be accepted, often accompanied by probate documentation if available.
• Marital or community property evidence — If claiming as a surviving spouse or by community-property rights, provide marriage certificate and any relevant recorded documents.
• Guardianship or conservatorship orders — If you are a guardian or conservator, provide the court order and letters of appointment.

Form and authentication requirements

• Provide certified copies of vital records, deeds, probate documents, and court orders when possible. Many offices will only accept certified copies.
• Notarize affidavits and claimant statements. Many counties require claims to be sworn and notarized.
• Record assignments or conveyances with the county recorder to strengthen your claim.
• If filings go to the clerk of court or sheriff, follow that office’s local forms and submission rules (some counties have a surplus-claim form).

Timing and procedure overview (what to expect in Iowa)

After a sheriff’s sale or tax sale, surplus funds are held by the sheriff or clerk or paid into court. Iowa law and local rules set time limits and procedures for filing a claim. Typical steps:

1. Identify who holds the surplus funds (county sheriff or clerk of court).
2. Contact that office to get the exact claim form, required attachments, and deadlines.
3. Gather certified documents showing your right to the funds and prove identity.
4. File the claim; the office may schedule a hearing or require notice to other interested parties.
5. If multiple claimants appear, the court or sheriff resolves competing claims; you may need a court order to get distribution.

For statutory language and the Iowa Code, use the official legislative site to look up the relevant sections that govern sheriff’s sales, execution sales, and distribution of proceeds: https://www.legis.iowa.gov/legislation/iowaCode. For procedural guidance and local forms, the Iowa Judicial Branch site is also helpful: https://www.iowacourts.gov/.

When you may need an attorney

Hire an attorney if:

• There are competing claimants to the surplus.
• The chain of title is unclear or contains defects.
• You face deadlines or complex probate, trust, or business-entity issues.
• The county refuses your claim or requires a court hearing.

An attorney can prepare court pleadings, assemble certified title evidence, and represent you at hearings to maximize the chance of getting the funds.

Helpful Hints

• Start early. Obtain certified copies of deeds, death certificates, and probate letters right away—obtaining these can take several weeks.
• Contact the county sheriff or clerk where the sale occurred and ask for the surplus-claim instructions and any official claim form.
• Use certified or recorded documents whenever possible. Photocopies are often not enough.
• Confirm any local filing deadlines. Missing a deadline can forfeit your claim.
• Keep an unbroken chain of title. If you rely on assignments or transfers, produce every link in the chain.
• If the owner is deceased, get probate letters or a court order showing distribution authority rather than relying only on family statements.
• If you are representing an entity, include a corporate resolution and current certificate of good standing from the Iowa Secretary of State.
• If a document is from another state, provide a certified copy and a proper apostille or authentication if required.
• When in doubt about complex ownership (trusts, estates, multiple heirs), consult an Iowa attorney experienced with real estate and surplus funds claims.