Detailed answer — step-by-step under Oregon law

This answer explains the usual steps in Oregon. It is not legal advice. Laws and local practices vary by county and by the type of foreclosure (trust deed sale vs. judicial foreclosure). If your parent’s property sold for more than the debt (a surplus or excess funds), those surplus funds belong to the owner of record at the time of sale or to that owner’s successors (heirs or estate). When the owner is deceased and no probate was opened, you must show you are entitled to the surplus before it will be released.

1. Confirm whether surplus funds exist and where they are held

• Find the trustee or sheriff who conducted the sale. The trustee or county sheriff typically publishes the trustee’s sale notice and issues a post-sale accounting. Contact that trustee, the trustee’s attorney, or the county clerk to learn whether excess funds were created and whether they were deposited with the court, county, or trustee.
• Check county records and the foreclosure sale paperwork (trustee’s deed) for references to excess funds. The trustee’s contact information should be on the sale notices.

2. Who is entitled to the surplus under Oregon law

Generally, surplus funds go to the former owner of record (the deceased parent). If that person is dead, the parent’s successors—either the personal representative of the estate or the heirs—are entitled.

In Oregon, distribution of a deceased person’s property to heirs or beneficiaries follows probate procedures or statutory small-estate rules. See Oregon statutes on foreclosures and on distribution of a decedent’s property for background:

• Foreclosure and trustee sale provisions: Oregon Revised Statutes, chapter 86: https://www.oregonlegislature.gov/bills_laws/ors/ors086.html
• Statutes addressing distribution of a decedent’s property (probate, intestacy principles): Oregon Revised Statutes, chapter 113: https://www.oregonlegislature.gov/bills_laws/ors/ors113.html
• Oregon Judicial Department — probate information and forms: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx

3. Typical routes to get the funds when the estate was never probated

There are two common paths:

1. Open a probate (appoint a personal representative/administrator). The personal representative is the lawful actor who can collect estate assets, pay debts, and distribute any remaining property (including foreclosure surplus). If the estate has significant assets or multiple heirs, this is often the cleanest method. After appointment, the personal representative can present letters testamentary or letters of administration to the trustee/court and claim the funds.
2. Use a small-estate or summary procedure (if eligible). Oregon provides procedures for small estates or for creditors/claimants to collect modest assets without full probate in some cases. Local practice varies: some trustees or counties accept an heirs’ affidavit or a small-estate affidavit to release limited funds without full probate. Check the county and the trustee’s requirements.

4. Documents you will likely need to prove entitlement

• Certified copy of the death certificate.
• Proof of your identity.
• Proof of relationship (birth certificate showing parent-child relationship, marriage certificate for surviving spouse, etc.) or a court order establishing heirship.
• If there is a will: the original will or a certified copy, and proof of the executor appointment.
• If you were appointed: letters testamentary or letters of administration from the probate court.
• Trustee sale documents showing the excess funds and the trustee’s contact information.

5. Practical steps to take now

1. Contact the trustee or the county official shown on sale documents and ask whether excess funds were created and where they are held. Ask what documentation they require to release funds to an heir or representative.
2. If the trustee requires probate letters, file for appointment of a personal representative in the probate court in the county where the deceased lived. Use the Oregon Judicial Department resources for forms and procedures: OJD Probate Information.
3. If the estate appears small, ask the trustee whether they will accept an heir affidavit or a small-estate affidavit instead of full probate. If they will, confirm exactly which documents they want and whether the county has a specific form.
4. If the trustee or county refuses to release funds and you believe you are entitled, you may need to file a court action or a petition in probate court asking the court to order disbursement. A probate lawyer can advise whether to file a petition for appointment or a petition to determine heirs and distribute the surplus.

6. Common complications

• Multiple heirs disagreeing about distribution — may require formal probate and court supervision.
• Secured creditors or other lienholders claiming an interest in proceeds (for example, prior judgment liens). These interests can reduce or eliminate surplus available to heirs.
• Statute of limitations or deadlines — some procedures or claimant rights may be time-limited depending on how long the trustee holds funds or state rules on unclaimed property. Ask the trustee or county clerk promptly.

7. When to get an attorney

Consider hiring an Oregon probate or real property attorney if:

• The surplus is substantial.
• Multiple heirs contest the funds or ownership.
• The trustee or county refuses to release funds without court action.
• Title issues, multiple liens, or complex estate assets exist.

Helpful hints

• Start by contacting the trustee or county clerk listed on the foreclosure sale documents. They are the most direct source of information about any surplus funds.
• Collect documents early: death certificate, proof of relationship, any will, and the trustee sale paperwork. Many claim denials are simply paperwork gaps.
• If the estate seems small, ask specifically about a small-estate or affidavit procedure—some counties and trustees will accept this in lieu of probate.
• Keep copies of all communications with the trustee, county, and any attorney. Note names, dates, and what was said.
• Even if you are the sole heir, many trustees will still require some official document (letters of administration or an affidavit). Don’t assume they will pay on an informal basis.
• Ask about deadlines: if funds were deposited with the county or court as unclaimed property, there may be procedures to follow to avoid forfeiture to the state or county.
• Free and low-cost help: contact your local county court clerk or the Oregon State Bar Lawyer Referral Service for local probate-help resources.