Can Heirs Claim Surplus Funds from a Deceased Family Member?

Yes — in many cases, heirs can legally claim surplus funds left over from the foreclosure of a deceased loved one’s property. But the process isn’t always simple.

🧾 What Are Surplus Funds in This Context?

When a deceased person’s home goes through foreclosure and is sold for more than what’s owed, the leftover funds — the surplus — are typically held in the court registry. These funds can become part of the deceased person’s estate.

👥 Who Can Claim These Surplus Funds?

The right to claim usually goes to:

• The executor or personal representative of the estate

• Legal heirs (spouse, children, siblings, etc.) if there’s no will

• A probate attorney working on behalf of the estate

⚖️ What’s the Process?

1. Check If Probate Is Required
   If the deceased person had no will, you’ll likely need to initiate probate to determine rightful heirs.

2. Locate the Foreclosure Case & Surplus Amount
   Visit the local court website where the foreclosure took place and search for the case to confirm surplus funds exist.

3. File the Right Legal Documents
   Depending on your relationship to the deceased and whether probate has been opened, you’ll need to submit forms like:

   • Petition for Disbursement

   • Proof of Heirship

   • Letters of Administration (if required)

4. Work With a Surplus Recovery Specialist
   These cases can be complex. An experienced team can streamline the process and ensure funds are distributed properly.

💬 Don’t Let the State Take the Funds

If no claim is made within the statutory deadline, the funds may be forfeited and passed to the state as unclaimed property.

📞 Have Questions About Claiming a Loved One’s Surplus Funds?
Let Visionary Surplus Recovery guide you through the probate and claims process.

Schedule a free call or email us at [Insert Email].

Blog 3: What Happens to Surplus Funds If No One Claims Them in Florida?

Many people are surprised to learn that millions in surplus funds go unclaimed in Florida each year. If no one steps forward to claim them, these funds don’t sit there forever.

💰 Where Do Surplus Funds Go Initially?

After a foreclosure or tax deed sale, the clerk of court holds the surplus in a court registry under the foreclosure case number.

🕐 What Happens If No One Files a Claim?

1. Deadline to Claim
   Florida law generally allows one year for any interested party (homeowner, heir, lienholder) to claim the funds.

2. Transfer to the State
   If no claim is made, the money is transferred to the Florida Department of Financial Services – Division of Unclaimed Property.

3. Becomes “Unclaimed Property”
   At this point, it’s harder (but still possible) to retrieve the money. You must go through the state’s unclaimed property process, which takes longer and has more red tape.

⚠️ Why You Should Act Fast

• You may miss your legal right to claim

• Scammers may step in pretending to act on your behalf

• The process becomes more complex the longer you wait

✅ Take Action Now

If you think you might be owed money from a foreclosure or tax deed sale, don’t delay.

Let Visionary Surplus Recovery check for you and handle the claim process from start to finish.

👉 Click here to get started