Pennsylvania: Proving Ownership When Filing a Surplus Funds Claim — Detailed Answer

Short answer: To prove ownership when claiming surplus funds from a sheriff sale or a tax sale in Pennsylvania you must supply documentary proof that you are the owner (or the lawful successor/representative of the owner). The exact documents depend on how title is held and whether the owner is deceased, an entity, or there are competing claimants.

Detailed Answer — What you need and why

When a property sells for more than the amount owed (a surplus), the county normally holds that surplus until a rightful owner or lienholder claims it. Pennsylvania procedures vary by county and by the type of sale (judicial foreclosure/sheriff sale vs. municipal tax sale). As a claimant, you should be ready to prove both identity and a legal interest in the property. Below is a practical checklist and explanation of commonly required documents, followed by filing steps and how to handle common complications.

Common categories of documents to prove ownership

Recorded deed(s): A certified copy of the deed showing the claimant as record owner (grantor/grantee chain). This is the primary proof of ownership.
Title search or abstract: A short-form title report or certified abstract showing the chain of title leading to the claimant. This helps verify recorded instruments and outstanding liens.
Recording information: Book and page or instrument number for the deed recorded at the county Recorder of Deeds.
Government-issued photo ID: Driver’s license or passport for individuals who claim funds.
If the owner is deceased: Certified death certificate plus probate documents (Letters Testamentary or Letters of Administration) or a court order appointing the personal representative. If there was no probate, an affidavit of heirship or small estate procedure may be needed — check county rules.
If the property is owned by a business/entity: Certified articles of incorporation/organization, a certified copy of the entity’s formation documents, a corporate resolution or minutes authorizing the claim, and a certificate of good standing. Provide proof of the person’s authority to act on behalf of the entity (officer’s ID, signed resolution, or power of attorney).
Power of attorney or appointment documents: If someone files for the owner, a notarized power of attorney or an authenticated appointment instrument showing authority to act for the owner or the estate.
Proof of lien satisfaction or priority: If the claimant is a prior lienholder or mortgagee, provide mortgage/assignment documents, payoff statements, and releases or satisfactions of lien to show entitlement to surplus proceeds.
Tax bills, utility bills, or mortgage statements: These can help corroborate occupancy or ownership when paired with recorded documents (useful when records are incomplete).
Affidavit of ownership: A sworn, notarized affidavit describing your ownership interest and the documents that support it. Counties often require a signed affidavit as part of the surplus claim package.
Court orders or prior settlement documents: If a court previously allocated rights in the property or to funds, include certified copies of those orders or stipulations.

Hypothetical example

Hypothetical: Maria’s house sold at a sheriff sale and produced a $12,000 surplus. Maria’s name appears on the recorded deed, but she died last year and her son, David, is the personal representative of her estate. To claim the $12,000, David should provide:

Certified copy of the deed showing Maria as owner;
Death certificate for Maria;
Letters Testamentary naming David as personal representative;
David’s photo ID;
An affidavit and the county’s surplus claim form (if the county uses one).

Where to file and procedural notes

Who holds the surplus and where you file depends on the sale type and county:

For judicial/sheriff sales, the sheriff or county prothonotary often distributes sale proceeds under court order. Contact the county sheriff’s office or prothonotary for their claim procedure.
For municipal tax sales, surplus funds are usually held by the county treasurer or tax claim bureau; follow that office’s claim process.
Some counties require a formal petition filed in the court that handled the sale; others allow administrative claim forms. Ask the sheriff’s office or prothonotary whether a court petition, affidavit, or their standardized claim form is required.

Key Pennsylvania resources and statutes

Relevant Pennsylvania laws and procedural rules apply to sheriff sales, distributions and tax sales. For statewide statutory text and statutory indices, consult the Pennsylvania Consolidated Statutes and the Real Estate Tax Sale Law:

Title 42 (Judicial Code) — Pennsylvania Consolidated Statutes: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42 (look under chapters on judicial sales and distribution of proceeds)
Real Estate Tax Sale Law (municipal tax sales) — Title 72 Consolidated Statutes: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=72 (search within for “tax sale” and “surplus” provisions)
Pennsylvania Unified Judicial System (county contact pages) for instructions and local rules: https://www.pacourts.us/

Because counties implement procedures differently, always confirm the exact local filing requirements with the county sheriff, prothonotary, tax claim bureau or county treasurer’s office before you submit documents.

Competing claimants and disputes

If more than one party claims the surplus, the county may require a court petition and will hold funds until the court decides. Evidence you may need to overcome competing claims includes:

Clear chain of title showing you as owner at time of sale;
Documents showing lien satisfactions if another party claims priority;
Probate orders or marital status documents (if spousal or heir claims arise).

Helpful Hints — Practical steps to strengthen your claim

Contact the county sheriff or tax claim bureau immediately. Acting quickly helps preserve evidence and avoid deadlines.
Obtain certified copies of deeds and probate documents — uncertified or photocopies are often rejected.
Order a title search from a title company if the chain is unclear. A short-form title report speeds the process and helps locate recorded encumbrances.
Get certified payoff statements and lien releases for mortgages or mechanics’ liens that affect entitlement to surplus funds.
Bring multiple forms of ID and documentation proving your relationship to the owner if you are an heir or representative (birth certificates, marriage certificates, court appointment documents).
If an entity owns the property, bring corporate formation documents plus a resolution authorizing a specific person to file the claim.
Ask the county whether they require a petition or their own claim form and whether the claim must be filed under oath or notarized.
Keep a complete copy of everything you file and obtain a filed-stamped receipt or docket number.
If you anticipate competing claimants or complex title issues, consult a Pennsylvania attorney experienced in real estate, probate, or tax sale matters.

Final notes and disclaimer

This article explains typical documentation and practical steps for claiming surplus sale proceeds in Pennsylvania. It is educational only and does not constitute legal advice. County procedures and applicable statutes can vary. For case-specific legal guidance about a surplus funds claim, deadlines, or contested distributions, consult a licensed Pennsylvania attorney or contact the county office that handled the sale.