Disclaimer: This is educational information only and is not legal advice. If you need assistance with a specific surplus-funds claim in Utah, consult a licensed Utah attorney or the appropriate county office.
Detailed answer — what documentation you will typically need to prove ownership when filing a surplus funds claim in Utah
When a property sells at a tax sale or a sheriff/judicial foreclosure in Utah and the sale produces money in excess of liens and costs (“surplus” or “excess proceeds”), the county sheriff, county treasurer, or the court will accept claims from people or entities asserting a legal right to those funds. To successfully file a claim you must show you are legally entitled to the surplus. The exact documents required can vary by county and by the type of ownership, but the following list covers the documents most commonly requested.
1. Documents that show current legal title (primary proof)
- Recorded deed(s): A certified or plain copy of the recorded deed showing the claimant as owner. Obtainable from the county recorder.
- Title report or title insurance policy: A current title commitment or final title policy that identifies the owner and encumbrances.
- Final sheriff’s sale or tax sale records: The sale documents showing sale of the property and any orders distributing proceeds (if available).
2. If the original owner is deceased
- Probate documents: Letters of administration, letters testamentary, or a final probate decree proving who inherits the estate.
- Affidavit of heirship or small estate affidavit: If allowed under Utah law for small estates, a recorded affidavit plus a death certificate may be accepted.
- Certified death certificate for the decedent.
3. If property is held in a trust
- Trust certification or trustee’s certificate: Evidence the trust owns the property and that the claimant is the successor trustee with authority to claim funds.
- Relevant pages of the trust (often a short form that identifies the trustee and the trust date).
4. If you act for another person or entity
- Power of attorney (POA): A durable, notarized POA that shows the agent has authority to file claims on behalf of the owner. Counties typically want a certified copy.
- Corporate or LLC documents: Articles of organization/incorporation, a recent certificate of good standing, and a corporate resolution or signed authorization showing the person filing is authorized to act for the company.
5. If the property changed hands by sale or assignment after the sale
- Recorded assignment of interest, assignment of surplus proceeds, or deed showing the transfer.
- Settlement statements (HUD-1/closing statements) showing purchase and transfer details can support a claim.
6. Identity and contact documentation
- Government-issued photo ID for the claimant (driver’s license or passport).
- Proof of mailing address (utility bill or similar) matching the claim form.
7. Claim form and supporting affidavit
- The county or court will usually have a required claim form. Complete it and attach a notarized affidavit attesting to the truth of the claim and ownership documents.
- If multiple parties claim the same funds, paperwork showing priorities (mortgage, lien releases, payoff statements) is important.
8. Chain-of-title documentation
Often you will be asked to provide a clear chain of title: recorded deeds, assignments, releases, and mortgages that show how the right to the property (and therefore to any surplus) passed from one party to another. Counties often prefer certified copies from the recorder’s office.
9. County-specific requirements and deadlines
Each Utah county may have its own claim form, submission process, and filing deadline. Some counties require returned mail notice periods to run before releasing funds. Always check with the county sheriff’s office, treasurer, or the court clerk that handled the sale for precise instructions and timelines.
Where to look in Utah law and local resources
State law and court rules set the broad framework, but implementation is often local. For statutory text and to search relevant Utah statutes, use the Utah Legislature’s code search: https://le.utah.gov/xcode/. For county procedures, use your county sheriff/treasurer or county recorder website (find county contacts at the Utah government county directory: https://www.utah.gov/government/county/).
For issues involving judicial sales or foreclosures handled through the courts, see the Utah Courts site for local practice: https://www.utcourts.gov/. For questions about tax sales, the Utah State Tax Commission provides guidance: https://tax.utah.gov/.
Typical steps to submit a surplus funds claim in Utah
- Identify the holder of the surplus (county sheriff, treasurer, or court).
- Contact that office to request the official claim form and a checklist of required documents.
- Gather primary proof of title (recorded deed or certified title report).
- Collect supporting documents that match your situation (probate papers, trust documents, POA, corporate authorization, assignments, etc.).
- Prepare a notarized affidavit attesting to ownership and submit it with the claim form and identity documents.
- File within any deadlines and follow up in writing; request certified mail or proof of receipt.
When to get legal help
If multiple parties claim the same surplus, if the ownership chain is complicated, or if a county refuses a claim you believe is valid, talk to an attorney experienced in Utah real property, probate, or tax-sale matters. An attorney can help prepare title evidence, file a contested claim, or seek court resolution.
Helpful Hints
- Start at the county level: call the sheriff, treasurer, or court clerk who handled the sale to get the exact local form and checklist.
- Use certified copies from the county recorder to avoid delays caused by questions about authenticity.
- If the owner is deceased, bring both the death certificate and probate paperwork (or a small-estate affidavit if applicable under Utah law).
- If claiming for a trust, bring a short-form trust certification that identifies the trust and trustee; do not provide full trust details unless required.
- Keep everything organized in chronological order to show a clear chain of title from the recorded records.
- Make and keep copies of everything you file; send originals only when expressly requested.
- Ask whether the county requires the claimant to appear in person or accept mailed claims; get deadlines in writing.
- When in doubt about competing claims or complex transfers, consult a Utah-licensed attorney early to preserve your rights.
Remember: procedures and required evidence can vary by county and by the facts of the case. Use county offices and the Utah legislature site above to confirm local process and any applicable statutes.