Detailed Answer

This FAQ explains the documentation commonly required to prove ownership when you file a claim for surplus (excess) funds in Kentucky after a tax sale or a judicial foreclosure sale. This is general, educational information — not legal advice. For help tailored to your situation, contact a Kentucky attorney or the county official handling the sale.

1. Identify the type of surplus

First determine whether the surplus comes from a tax sale (sheriff or county sale for unpaid property taxes) or a judicial foreclosure sale (sheriff’s sale after a court foreclosure). Filing steps and the office that holds the surplus differ by type and county. Ask the county sheriff, circuit court clerk, or county clerk which office administers the surplus in your county.

2. Core ownership documents you will likely need

To establish legal entitlement to surplus funds, gather certified or certified‑copied documents that show a clear chain of title from the record owner at the time of sale to you (or your client). Typical documents include:

• Recorded deed(s) — the deed that transferred title to the owner listed at the time of sale (warranty deed, quitclaim deed, trustee’s deed, etc.). Certified copies from the county clerk/recorder are usually required.
• Title search or title report — a title company or attorney’s abstract showing the recorded chain of title, liens, and transfers.
• Death certificate and probate documents — if the recorded owner is deceased, provide a certified death certificate plus probate paperwork showing who inherited (letters testamentary, letters of administration, or a court order distributing the property).
• Trust documents — the relevant pages of a trust instrument or a certified trust certification showing the trustee and beneficiaries, if title is held in a trust.
• Affidavit of heirship or affidavit of ownership — used in some counties when probate is not opened; these often must be notarized and may require witnesses.
• Corporate documents — articles of incorporation, certificate of good standing, and a corporate resolution authorizing an officer to make the claim, if the owner is a business entity.
• Assignment or purchase documents — if you acquired the owner’s interest between the sale and the surplus claim, include the assignment, purchase contract, or deed showing your acquisition.
• Power of attorney — a notarized, durable POA and proof of the principal’s identity, when an agent files on behalf of the owner.
• Government-issued photo ID — for the person filing the claim (driver’s license, passport). Many offices require ID for in-person filings.
• Proof of address and taxpayer records — recent utility bill, property tax bill, or mortgage statement to corroborate ownership or residency, where relevant.
• Certified court orders — if a court previously determined ownership or the right to proceeds, include certified copies.

3. Procedural and evidence considerations under Kentucky practice

Kentucky sales and distributions follow statutory and local rules for how surplus funds are handled after a sale. Courts and county offices expect clear, recorded proof of title. In many Kentucky counties you will need certified copies (not just photocopies) of deeds and court documents. Expect to sign sworn affidavits and to provide notarized documents. If someone else had an ownership interest (mortgagee, lienholder, prior purchaser), you may also need documents resolving priority or showing releases.

For general statutory framework on sales and distributions (judicial sales and sheriff’s sales), consult the Kentucky Revised Statutes and local court rules. The Kentucky Legislature publishes statutes online: https://legislature.ky.gov.

4. Common scenarios and the documents they usually require

• Owner of record (alive): Recorded deed to owner + government ID.
• Owner of record (deceased): Death certificate + letters testamentary/administration or probate order transferring title to the claimant.
• Heir who inherited outside probate: Affidavit of heirship (if accepted by county), death certificate, other supporting documents.
• Buyer after sale bought title from owner before the sale: Deed showing the transfer that occurred before the sale date plus chain of title.
• Assignee or holder of interest (e.g., mortgagee, lienholder): Assignment, mortgage, or lien documents showing legal interest at time of sale and any releases.
• Trustee or trustee’s beneficiary: Trust certification and recorded deed showing title in trustee’s name.

5. When to get legal or title help

If the chain of title is broken, multiple parties claim the surplus, or you face competing claims (for example a lienholder or multiple heirs), consider hiring a Kentucky attorney or a title company. They can prepare a clear claim packet, perform a title search, and, if necessary, ask the court to determine rightful entitlement to funds. Courts sometimes require a formal petition and hearing to resolve disputes over surplus funds.

6. Where to file and timing

Procedures vary by county. Common filing locations are the circuit court clerk, county clerk, or sheriff’s office that handled the sale. Counties set claim forms, filing fees, and deadlines. Contact the county clerk or sheriff’s office where the sale occurred to learn the exact process and paperwork required. Because statutes and local rules set time limits and procedures, act promptly after learning of surplus funds.

Statutes and official resources

For Kentucky statutes that govern sales and distributions (judicial sales, sheriff’s sales, and related procedures), see the Kentucky Revised Statutes and the Kentucky Court of Justice rules and local court forms. Start at these official sites:

• Kentucky Legislature (statutes search and chapters): https://legislature.ky.gov
• Kentucky Court of Justice (court rules, forms, and contact info): https://kycourts.gov

Because counties can use differing forms and requirements, the county clerk or sheriff’s office that conducted the sale is an essential resource.

Important disclaimer: This information is educational only and does not constitute legal advice. It is not a substitute for advice from a licensed Kentucky attorney who can apply the law to your specific facts.

Helpful Hints

• Request certified copies of deeds, probate orders, and death certificates from the county clerk or recorder — offices often require certified documents, not photocopies.
• Call the county office handling the surplus before filing to learn the exact claim form, fee, and evidence required.
• Get a title search or title report if the chain of title is unclear — this often avoids rejected claims or later challenges.
• If you are filing on behalf of someone else, bring a notarized power of attorney and photo IDs for both principal and agent if requested.
• When multiple claimants exist, file a formal court petition and consider counsel — courts can hold hearings and distribute funds only after resolving conflicts.
• Keep originals in a safe place; submit certified copies but retain originals for court or title work if later needed.
• Document communications with county officials in writing (email or dated letters) so you have a record of instructions received and deadlines.
• Timeline matters — act quickly. Some counties and statutes impose deadlines for claiming surplus funds or asserting rights.