Detailed Answer

Quick overview: If your mother’s property was foreclosed and a sale produced money in excess of the debts (a “surplus” or “overage”), you may be entitled to those funds as an heir or as the estate’s personal representative. In Nebraska you generally must locate where the surplus is being held, establish your legal right to the funds, and file a formal motion in the court that handled the foreclosure (or otherwise follow the county’s process for claiming surplus funds). Act promptly — unclaimed funds can become more difficult to recover over time.

Step-by-step: What to do first

Identify how the foreclosure was handled and where to file. Find the foreclosure case number and county. If the foreclosure was a court (judicial) foreclosure, the excess is usually paid into the court registry or handled through the sheriff/clerk who ran the sale; you will file in that same court (typically the county district court for the county where the property is located). If the sale was non‑judicial, contact the trustee/title company or county clerk/sheriff to learn who is holding the surplus and what their claims process is.
Contact the court clerk or sheriff’s office. Call or visit the clerk of the district court in the county where the foreclosure case was filed (or the sheriff’s or county treasurer’s office if they ran the sale) and ask whether surplus funds remain from the specific sale. Get the exact name of the account and the amount, and ask what filings are required to claim the funds.
Confirm the legal right to the funds. If your mother is deceased, you must prove you are entitled to her property or money. That typically requires either:
- Letters testamentary or letters of administration (if probate has been opened and you are the executor or administrator), or
- A court order recognizing you as the person entitled to receive the surplus (for example, an order admitting a will or appointing an administrator), or
- All heirs’ written consent (sometimes heirs can agree and sign forms transferring the right), or
- Other documentary proof of ownership or assignment (rare outside probate).
Open probate if necessary. If no one is legally appointed to handle your mother’s estate, you will usually need to open a probate estate and obtain letters of administration or testamentary before the court will release surplus funds to you. Contact the district court probate clerk in the county where your mother lived.
Prepare and file the motion or claim. The typical filing is titled something like “Motion to Determine Right to Surplus Funds” or a “Petition for Distribution of Surplus Proceeds.” The motion should include:
- The foreclosure case caption and number.
- A short statement of facts: who owned the property, the date of the sale, the amount of surplus, and why you claim it.
- Documents proving your right: death certificate, letters testamentary/administration or court appointment, will, heirship affidavits, photo ID, and any other supporting title documents.
- A proposed order directing the clerk or sheriff to pay the surplus to you or the estate.
Serve notice on required parties. You must serve notice on interested parties (for example, the foreclosing lender, any junior lienholders listed in the foreclosure file, and other interested parties). The court clerk can tell you who must be served and the Nebraska Rules of Civil Procedure will control service requirements.
Attend the hearing or request an uncontested order. If other parties object, the court may set a hearing. If no one objects and the paperwork is in order, the judge can sign an order directing distribution of the surplus to you or the estate representative.
If the funds cannot be located or were turned over to the State. If you discover the surplus was turned over to the Nebraska State Treasurer as unclaimed property, you must file a claim with the State Treasurer’s unclaimed property office: https://treasurer.nebraska.gov/unclaimed-property/. If the money is in a court registry or sheriff’s account, the court order or clerk will instruct payment procedures.

Common documents you will likely need

Certified copy of the decedent’s death certificate.
Letters testamentary or letters of administration from probate court OR a certified copy of the will and court order admitting it.
Any deed, title, or mortgage documents showing ownership history.
Evidence of identity for the claimant(s) (government ID).
Copy of the foreclosure judgment, sheriff’s deed, or sale certificate showing the surplus amount (you can get these from the foreclosure docket or county records).

Where to look up Nebraska law and local procedures

Nebraska Legislature — statutes and searchable laws: https://nebraskalegislature.gov/laws/statutes.php
Nebraska Supreme Court / Judicial Branch — court rules and local court contacts: https://supremecourt.nebraska.gov/
Nebraska Treasurer — unclaimed property (for surplus funds turned over to the State): https://treasurer.nebraska.gov/unclaimed-property/

Practical considerations and timelines

Timing matters. Some counties or the State may have deadlines after which it becomes harder to recover surplus funds, and holding periods vary. If you wait, other creditors, parties, or the State’s unclaimed property process may complicate recovery. If your mother’s estate is already in probate, add this issue to the estate inventory and ask the probate judge to direct the claim. If the estate is not open, filing for appointment as personal representative is usually the clearest path.

When to hire an attorney

Consider hiring an attorney if:

Multiple claimants (heirs) disagree about the distribution.
There are competing liens or unclear title issues.
The surplus was large or the opposing party objects to your claim.
You need help opening probate or preparing the motion and serving parties.

An attorney can draft the motion, ensure procedural compliance with Nebraska court rules, and attend the hearing. If cost is a concern, some lawyers offer limited-scope help such as preparing the motion only.

Important: This is general information only, not legal advice. The procedures and documents needed can vary with local court practices and the specific facts of the foreclosure and the decedent’s estate. For instructions tailored to your situation, contact a Nebraska attorney or the local court clerk.

Helpful Hints

Start by getting the foreclosure case number and county — every next step depends on that.
Ask the court clerk whether the surplus is in the court registry, with the sheriff, or paid to the State Treasurer as unclaimed property.
If the decedent’s estate is not opened, plan to open probate to get formal authority to claim the funds.
Gather proof of relationship to your mother (death certificate, family tree or heirship affidavits) before filing the motion.
Serve all parties listed in the foreclosure file to avoid delays for defective service.
Keep copies of filings and certified court orders — banks and county offices will require them to release funds.
If the amount is small and heirs agree, consider a short, inexpensive probate (or small-estate procedure if available) to clear the way for distribution.
Check the Nebraska State Treasurer’s unclaimed property site if you can’t find funds in the court or sheriff’s office: https://treasurer.nebraska.gov/unclaimed-property/.
Contact the county district court clerk for local forms or specific filing fees and hearing procedures.

Need help finding local filing forms or locating the foreclosure docket? A Nebraska attorney or the district court clerk in the county where the property was located can point you to the exact local steps and any templates the court accepts.

Disclaimer: This article provides general information about Nebraska procedures only and is not legal advice. For advice about your particular situation, consult a licensed Nebraska attorney.