Short Answer — Who gets the surplus?

Ownership on the property records and the specific language of the deed determine whether a surviving co-owner can claim more of any surplus funds after a forced sale. If the deed created a joint tenancy with a right of survivorship or a tenancy by the entirety, the survivor(s) usually step into the deceased owner’s interest automatically. If the deed created a tenancy in common or the survivorship language is unclear, the deceased owner’s share typically passes under the decedent’s will or intestacy rules, not automatically to the other co-owners.

How Missouri law treats survivorship language in deeds

Missouri courts look first to the deed. Clear, unambiguous language showing an intention to create a right of survivorship (for example, wording that expressly grants title “to A and B as joint tenants with right of survivorship” or “to A and B as tenants by the entirety”) will usually create survivorship. Absent clear language, a court will presume a tenancy in common; that means each owner has a distinct share that does not automatically pass to the co-owner at death.

If you believe survivorship applies, the recorded deed and any recorded affidavits or subsequent survivorship deeds are the primary evidence courts and the sheriff will use when paying surplus funds after a sale.

How surplus proceeds from a sheriff’s sale are handled

After a foreclosure or execution sale, sale proceeds pay liens and costs in priority. Any money left over (the residue or “surplus”/”overage”) becomes subject to claims by owners and other entitled parties. The county sheriff or court will not simply divide surplus based on informal statements — claimants must show legal entitlement. That usually means providing the sheriff or the court with recorded documents showing ownership or a court order deciding who is entitled.

Because procedures and timelines vary by county and court, contact the sheriff’s office or the circuit court clerk in the county where the sale occurred to learn how to file a claim for surplus funds.

Typical evidence to assert a survivorship right to surplus funds

• Recorded deed showing joint tenancy or tenancy by the entirety language.
• Certified copy of the decedent’s death certificate.
• A recorded affidavit of survivorship or a recorded survivorship deed (if the county will accept this evidence).
• Court order recognizing the survivor’s interest (for example, in a probate or quiet title action).

Without clear recorded proof, a claimant may need to file a lawsuit (for example, a claim for surplus funds, interpleader, quiet title, or to establish survivorship) so a judge can decide the competing claims.

Common complications

• Deed language is ambiguous or silent about survivorship. Courts tend to treat ambiguous language as creating tenancy in common.
• Transfers made shortly before death may be challenged as fraudulent or as lacking proper intent.
• Multiple people claim the same interest; the sheriff may require a court order before paying out surplus funds.
• There may be outstanding liens, taxes, or costs that reduce or eliminate surplus funds.

Practical steps if you believe you have a survivorship claim

1. Get a certified copy of the recorded deed from the county recorder/recorder of deeds. Review the exact wording about how title was taken.
2. Obtain a certified copy of the decedent’s death certificate.
3. Contact the county sheriff’s office and the circuit court clerk where the sale occurred to learn the local process and deadlines for claiming surplus proceeds.
4. If the sheriff requires proof, prepare to record or present an affidavit of survivorship, a survivorship deed, or a court order establishing your right. A Missouri attorney can help prepare and record the correct documents.
5. If multiple claimants exist or the title language is unclear, consider filing a declaratory action, quiet title action, or an interpleader suit so a judge can determine entitlement to the funds.

Missouri resources and where to look for statutes

Missouri’s Revised Statutes and relevant court rules govern deeds, ownership forms, and post-sale procedures. For statutes and text, use the Missouri General Assembly’s Revisor site and search for terms like “surplus,” “sheriff’s sale,” “deed,” “joint tenancy,” or “tenancy by the entirety.” A helpful starting point is the official Revisor of Statutes site: https://revisor.mo.gov. For local procedure, contact the county circuit clerk or sheriff where the sale took place.

When to consult an attorney

Consult a Missouri real property attorney if any of these apply:

• The deed language is unclear or disputed.
• Multiple people claim the surplus.
• You need to file a claim against the sheriff or the court, or to start a quiet title action.
• There are potential fraud, undue influence, or recent transfers before death.

An attorney can help prepare the right recorded documents, file motions or lawsuits, and communicate with the sheriff and court to maximize your chance of recovering any surplus funds you are entitled to under Missouri law.