Detailed Answer

When someone buys property at a foreclosure or tax sale in Texas, any sale proceeds left over after creditors and costs are paid are called “surplus funds” (also called overages or excess proceeds). To claim those funds you must prove you are the lawful person or entity entitled to them. Texas law that governs foreclosure sales and tax sales is primarily in the Texas Property Code (foreclosure) and the Texas Tax Code (tax sales). See, for example, Texas Property Code, Chapter 51 (foreclosure) and Texas Tax Code, Chapter 34 (tax sale procedures):

This answer explains the common documents claimants are asked to provide, how to prepare them, and special rules that commonly apply in Texas. This is general information only — it is not legal advice.

Who usually must prove ownership?

Common claimants include:

The former title owner (owner of record at time of sale).
A purchaser who paid more than the debt at a public sale (to get excess back).
Heirs or beneficiaries who inherited the interest after the sale.
Trustees, agents, or attorneys-in-fact who are authorized to claim funds for an owner.
Businesses or trustees claiming on behalf of a corporation, LLC, or trust.

Core documents Texas officials typically require to prove ownership

Counties and court clerks may vary their claim forms and supporting-document requirements, but the following list covers the documents most commonly requested across Texas counties. Provide certified copies or notarized copies when requested.

Government-issued photo ID for the claimant.

Driver’s license or passport for any individual claimant. If an agent or attorney is filing, include their ID plus documentation of agency (see below).
Proof of title or ownership at the relevant time.

Examples:
- Recorded deed (warranty deed, special warranty deed, trustee’s deed) showing the claimant as owner at or before the sale.
- Title commitment or title policy pages that show the owner of record and chain of title.
- Final closing statement (HUD-1 or Closing Disclosure) if ownership was acquired by purchase.
Proof of loss of title or reason you are owed funds.

Examples:
- Trustee’s deed or sheriff’s deed showing the sale and recording reference (to explain why excess funds exist).
- Notice from the trustee, sheriff, or tax office notifying of surplus funds.
Chain-of-title documents for successors (when claimant is not the owner of record).

If you are claiming as an heir, beneficiary, purchaser of the owner’s interest, or successor in interest, you will usually need:
- Probate documents: letters testamentary, letters of administration, or a certified copy of the probate judgment if the owner died and you are an executor or heir.
- Affidavit of heirship (usually recorded and notarized) where permitted by the county.
- Recorded deed(s) showing transfer of the owner’s interest (e.g., deed from the owner to you).
- Final divorce decree or court order transferring property interest (if ownership changed by divorce or court order).
Authority to act for an owner or entity.

If you are acting for someone else, provide properly executed documents:
- Durable power of attorney (POA) specific enough to allow you to claim funds; POA must be signed and notarized.
- Corporate documents for businesses: certificate of formation, articles of incorporation, operating agreement, and a corporate resolution authorizing a named officer to claim funds.
- For a trustee or trust claim: the trust agreement (or relevant pages) and proof that the claimant is the trustee or beneficiary with authority to receive the funds.
Identity and taxpayer documentation for entities.

For companies: proof of good standing (Secretary of State certificate) and employer identification number (EIN). Texas SOS information: Texas Secretary of State.
Affidavit or sworn statement specific to the claim.

Many county clerks or the court will require a sworn claimant’s affidavit that explains your relationship to the property, the basis of the claim, and any facts that support payment. This affidavit must typically be notarized.
Proof of mailing or notice (if required).

Copies of certified mail receipts, published notices, or court filings that show you complied with any notice requirements related to the sale or claim process.
Assignment or release documents (if applicable).

If someone assigned their right to claim surplus funds to you, provide a signed and notarized assignment or settlement agreement showing the transfer of the claim.
Any county or court claim form the clerk requires.

Many counties provide a standard claim form or instructions. Always include the county’s required form and attach the supporting documents above.

How the process usually works in Texas

Confirm a surplus exists. Get the sale record, trustee’s deed, or sheriff’s deed that shows the sale price and the payoff distribution.
Contact the county clerk, county treasurer, or the trustee handling distributions and request their surplus-claim procedure and forms. Procedures differ by county.
Assemble notarized certified copies of the documents listed above. Many offices require certified or notarized copies rather than plain photocopies.
File the claim with the required clerk (sometimes by filing a petition in the county court, depending on local practice or if multiple claimants dispute the funds).
If there is a dispute, you may need to ask a court to determine who is entitled to the funds (interpleader or similar action). In contested cases, court orders decide distribution.

Common pitfalls and requirements specific to Texas

Counties differ: There is no single statewide surplus-claim form. Always confirm with the county that handled the sale.
Certified and notarized copies: Many counties insist on certified copies of recorded deeds or probate orders and notarized affidavits.
Timeliness: Some procedures impose deadlines for filing claims or initiating court actions. Do not delay — check county rules and any notices you received.
Multiple claimants: If several parties claim the same surplus, be prepared for the county or court to require additional proof and possibly a hearing.
Attorney help: If the claim is complicated (disputed heirs, unclear deed chain, corporate claims, or suspected fraud), consult an attorney experienced in Texas real property or probate/tax matters.

Where to get official help and documents

County Clerk or County Treasurer’s Office where the sale occurred — ask for the specific surplus-claim package and instructions.
Recorder’s Office — for certified copies of deeds and instruments.
County courthouse or court clerk — if a court petition is required to resolve competing claims.
Texas statutes for background: Property Code, Ch. 51 and Tax Code, Ch. 34.

Helpful Hints

Start at the county level: contact the county clerk or treasurer to get their checklist and claim form — it often lists exactly what they will accept.
Bring certified copies: request certified copies when obtaining deeds, probate records, or court orders from the recorder or clerk’s office.
Get documents notarized: many claim forms and affidavits must be notarized; do this before filing to avoid delays.
Organize a clear packet: include an index, copies of IDs, a cover letter explaining your relationship to the property, and the statutory or recorded instruments proving ownership.
If you act for someone else, include both the principal’s ID and the document that authorizes you (POA, corporate resolution, letters testamentary).
If you are an heir, get certified probate records or a recorded affidavit of heirship — a simple photocopy of a will usually won’t be enough.
Keep originals safe but submit certified copies when requested; some offices require returning originals by mail with a claim check but prefer to hold certified copies instead.
When in doubt, consult a Texas attorney experienced in foreclosure, tax sales, or probate — contested surplus funds claims commonly require court action.

Disclaimer: This information explains common Texas practices for proving ownership when claiming surplus funds. It is for educational purposes only and is not legal advice. For legal advice about your specific situation, consult a licensed Texas attorney.