Detailed Answer

Short answer: Possibly — but it depends on who owned the property at the moment the sheriff’s sale became final, how title was written on the deed, and whether other creditors or lienholders have priority claims. If the deed created a true right of survivorship and a co‑owner died before the sale, the surviving owner likely held title at the time of sale and may be entitled to the full surplus. If both owners were alive at the sale or the deed does not clearly create survivorship, the surplus will be distributed according to Ohio foreclosure and distribution rules, and you may need to file a claim or a court action to enforce any claimed survivorship interest.

How ownership forms matter in Ohio

Ohio recognizes forms of concurrent ownership that affect what happens when one owner dies:

• Joint tenancy with right of survivorship — when properly created and recorded, this form gives the surviving joint tenant an automatic right to the decedent’s share; the decedent’s share does not pass through probate.
• Tenancy in common — each owner has an individual, divisible share that passes via will or intestacy; there is no automatic survivorship right.
• Tenancy by the entirety — a form of ownership available to married couples in some circumstances that carries survivorship characteristics and special creditor protections.

If the deed clearly shows that the deceased owner’s interest passed automatically to a surviving owner before the foreclosure sale (for example, by virtue of a survivorship clause or a properly created joint tenancy), the surviving owner owned the full property at the time of sale. That status usually means the surviving owner is the rightful recipient of any surplus after the sheriff pays costs, taxes, and holders of valid, prior liens.

How Ohio handles surplus funds from a sheriff’s sale

After a sheriff’s sale, the sale proceeds are distributed in a set order: sale costs, court costs, and lienholders in priority. Any remaining funds (the “surplus” or overage) become payable to those entitled under the law. If the rightful owner at the time of sale was a single person (for example, a surviving joint tenant who inherited full title before the sale), that person typically has priority to claim the surplus. If multiple claimants assert competing rights, the sheriff or clerk may require claimants to file documentation or seek a court order resolving who is entitled to the overage.

Common factual scenarios

• Deed lists Alice and Bob as joint tenants with right of survivorship. Bob dies before the sheriff’s sale. Title passed to Alice immediately on Bob’s death. If a surplus exists after the sale, Alice likely may claim the full surplus.
• Deed lists Alice and Bob as tenants in common. Bob dies before the sale. Bob’s share becomes part of Bob’s estate and may be claimed by Bob’s heirs or estate representative. Alice would not automatically receive Bob’s share of the surplus.
• Deed is ambiguous about survivorship or not properly recorded. The sheriff may refuse to distribute the overage until a court resolves ownership, and claimants may need to file an interpleader or quiet title action.

What you must prove to assert a survivorship claim

To convince the sheriff, clerk, or a court that you are entitled to more of the surplus because of a survivorship interest, you will typically need:

• A recorded deed showing language creating a joint tenancy with right of survivorship or tenancy by the entirety;
• A certified copy of the decedent’s death certificate showing the date of death;
• Any recorded documents that confirm no intervening transfer occurred after the death and before the sale;
• Evidence of the foreclosure sale date and distribution record showing the existence of surplus funds.

When disputes arise

If other parties (for example creditors, lienholders, heirs, or a personal representative of the decedent’s estate) claim the surplus, the sheriff or county clerk may require a court to sort out competing claims. You may need to ask the court for a declaratory judgment, an interpleader action, or an order directing distribution.

Timing and procedural steps

Counties have procedures and deadlines for filing claims against surplus funds. Act quickly:

• Contact the county sheriff or clerk’s office that handled the sale to learn the claim process and deadlines.
• Collect and provide recorded deeds, death certificate, ID, and sale paperwork.
• If the sheriff refuses distribution or if there is a competing claim, be prepared to file a court action asking a judge to declare who is entitled.

Bottom line

A true survivorship interest can give the surviving owner the right to any surplus, but the outcome depends on the deed wording, the timing of death relative to the sale, recorded documents, and whether other creditors or competing claimants exist. If ownership is disputed or if the county requires a court order, you will likely need an attorney experienced in Ohio foreclosure and real property matters to press or defend a claim.

This is general information and not legal advice.

Helpful Hints

• Gather key documents right away: the recorded deed, certified death certificate, sheriff’s sale record, mortgage and lien records, and any probate documents.
• Check the deed language carefully: look for phrases like “with right of survivorship,” “joint tenants,” or language creating tenancy by the entirety.
• Confirm dates: whether the co‑owner died before or after the sheriff’s sale determines who owned the property at the time of sale.
• Contact the county sheriff or clerk early to learn the local procedure and deadlines for claiming surplus funds.
• If you cannot prove survivorship or if multiple claimants exist, be prepared for a court process; gather evidence and consider filing a declaratory judgment or interpleader action if necessary.
• If you have any doubt about how to proceed, speak with a licensed Ohio attorney who handles foreclosure, probate, or real property disputes. A lawyer can review the deed, title history, and local rules and advise whether a probate filing or a civil claim is required.
• Keep copies of everything and use certified copies of recorded documents when submitting claims to county offices.

Disclaimer: This article explains general principles under Ohio law and is for educational purposes only. It does not create an attorney‑client relationship and is not legal advice. For advice about your specific situation, consult a licensed Ohio attorney.