Short answer

If a foreclosed property in South Dakota sold for more than the debts secured by the property, you or the estate may be entitled to the surplus. To claim it you typically must (1) identify where the sale was confirmed, (2) file a petition or motion in the county circuit court where the sale occurred asking the court to determine who is entitled to the surplus, (3) serve the sale purchaser and all lienholders and interested parties, and (4) provide documentation proving your relationship to the decedent or your legal right to the funds. If the homeowner was deceased, you will often need to act for the estate (as personal representative) or show you are a rightful heir. Act promptly; unclaimed funds may be sent to the state’s unclaimed property program.

Detailed answer — step‑by‑step

1. Confirm there actually is a surplus

Ask the sheriff’s office or the party that conducted the foreclosure sale whether the sale price exceeded the total secured debt and costs. The sheriff’s sale report, the sale confirmation order, or the clerk of court’s records should show whether money remained after paying liens and sale expenses.

2. File in the correct court

File your motion or petition in the South Dakota circuit court for the county where the real property was located. South Dakota’s circuit courts handle matters arising from sheriff’s sales and distribution of sale proceeds. If you are unsure which county handled the sale, check the sheriff’s sale notice or the foreclosure confirmation order.

3. Choose the correct pleading

Different counties use different labels. Common pleadings are called a “Petition to Determine Right to Surplus Funds,” “Motion for Distribution of Surplus Proceeds,” or simply a verified petition asking the court to determine who is entitled to the surplus. The petition should request the court to (a) declare the rightful recipient, and (b) order payment of the surplus to that person or estate.

4. Identify and notify interested parties

Serve (deliver) the petition on all parties who have an interest in the property and the sale, including:

• the foreclosure purchaser (the buyer at the sheriff’s sale).
• the foreclosing lender or plaintiff in the foreclosure case.
• other recorded lienholders (junior mortgages, judgment creditors).
• any person listed in the sheriff’s sale notice or confirmation order.

Proper service is required by court rules. The clerk or sheriff typically returns a certificate of service that the court needs.

5. Prove your right to the money

If the homeowner is deceased (your mom in this scenario), you usually must show you have legal authority to claim the funds for the estate or that you are a rightful heir. Documents that help include:

• death certificate;
• letters testamentary or letters of administration (if you are the personal representative of the estate);
• probate order or small‑estate affidavits (if applicable under South Dakota probate rules);
• affidavits or declarations proving heirship if no probate has opened (some courts allow this for small amounts);
• title documents, mortgage and payoff statements to show the debt amounts paid from the sale.

Note: A power of attorney typically ends when the principal dies and will not by itself entitle you to surplus funds unless the estate documents or court give you authority.

6. Attend the hearing and respond to objections

The court may schedule a hearing. Be prepared to explain your claim and produce documents. Creditors or other claimants can object. If multiple claimants exist, the court will determine priorities and distribute funds accordingly.

7. Obtain a court order and collect the funds

If the court awards you the surplus, it will issue an order directing the clerk of court or sheriff to pay the awarded amount. Follow the clerk’s instructions for collecting the funds. The court’s order is typically required before anyone will release the money.

8. If the funds are unclaimed

If no one claims the surplus within the required time, the money could be turned over to the South Dakota unclaimed property office. If that happens, you may need to claim the funds through the state’s unclaimed property process. Check the South Dakota Treasurer’s unclaimed property website for details: https://treasurer.sd.gov/unclaimedproperty/

Where to look for rules and local forms

South Dakota statutes and the Unified Judicial System contain information about sheriff’s sales, execution, and court procedure. For statutes and code searches, see the South Dakota Legislature site: https://sdlegislature.gov/. For court contacts, local rules, and possible forms, check the South Dakota Unified Judicial System: https://ujs.sd.gov/.

Special considerations when the homeowner is deceased

If your mother died before or after the foreclosure sale, the key issues are (a) whether you are the personal representative of her estate, and (b) whether probate has been opened. Practical points:

• If you are the personal representative (executor/administrator), file the petition on behalf of the estate and attach letters testamentary or administration.
• If probate hasn’t been opened and the amount is small, some counties allow a simplified claim or affidavit process. Check local court rules.
• If multiple heirs exist, the court may require an order resolving heirship before distributing funds.

When to get a lawyer

Consider hiring a South Dakota attorney if:

• you are not the personal representative but claim to be an heir;
• multiple claimants or competing lienholders appear;
• the amount at issue is substantial relative to the complexity;
• you are unfamiliar with court filings and service rules.

A lawyer can prepare the petition, handle service, present evidence at the hearing, and protect your rights.

Helpful Hints

• Act quickly. Do not assume surplus funds remain available forever—check deadlines and act promptly.
• Start with the sheriff’s sale records and the circuit court clerk’s file for the foreclosure case. Those files often show sale price and accounting of distributions.
• If the homeowner is deceased, get a certified copy of the death certificate and check whether a probate case exists.
• Keep copies of all documents you file and proof of service on all interested parties.
• Use the local circuit court clerk as a resource for filing procedures and required fees; clerks can explain filing steps but cannot give legal advice.
• Check the South Dakota Treasurer’s unclaimed property site if the funds have been turned over to the state: https://treasurer.sd.gov/unclaimedproperty/
• If you are unsure whether you need to open probate, consult a probate attorney. Probate status often affects who can lawfully claim surplus funds.