What Happens to Surplus Funds When a Property Owner Dies Without a Will?
This article explains how Florida courts handle surplus fund claims when there is no will and what you need to do to access those funds legally.
What Happens to Surplus Funds When a Property Owner Dies Without a Will?
When a Florida homeowner passes away and their property is later sold in a foreclosure or tax deed auction, surplus funds from that sale may still exist. But if the deceased had no will, the process of claiming those funds becomes more complex — and often confusing.
If you’re a family member or potential heir wondering,
“Can I still claim surplus funds if my relative died without a will?”,
the answer is yes — but it requires following Florida’s laws on intestate succession and potentially opening probate.
This article explains how Florida courts handle surplus fund claims when there is no will and what you need to do to access those funds legally.
What Are Surplus Funds?
Surplus funds are the extra money left over after a property is sold at auction (due to foreclosure or unpaid taxes), after all debts and costs have been paid.
For example:
The property sells for $180,000
The total owed (mortgage, fees, taxes) was $140,000
The remaining $40,000 is surplus — and legally belongs to the owner or their estate
Who Gets Surplus Funds If There’s No Will?
If the property owner died without a will, they are considered to have died intestate. That means Florida law — not the deceased's personal wishes — determines who inherits the estate, including any surplus funds.
This is called intestate succession, and the hierarchy is generally as follows:
Florida Intestate Inheritance Order:
Spouse (if no children from another relationship)
Children (biological or adopted)
Parents
Siblings
More distant relatives (grandparents, nieces/nephews, etc.)
If there are no legal heirs, the funds may eventually escheat to the state.
Does Probate Still Have to Be Filed?
Yes — even without a will, probate is usually required before the court or Clerk can release any surplus funds.
Probate in this case allows the court to:
Establish who the legal heirs are
Appoint a personal representative (executor)
Authorize that person to file the surplus funds claim on behalf of the estate
You cannot simply submit a surplus claim as a relative — the court must approve your authority first.
How Florida Courts Handle Surplus Claims Without a Will
When a surplus funds claim is filed without a will:
The court reviews the probate filings to confirm the estate is open
The Letters of Administration must be submitted with the claim
If other heirs exist, they may need to consent or file waivers
The court distributes funds based on intestate succession, not verbal family agreements
This process ensures that the funds are distributed fairly and legally — but it often takes time and proper documentation.
What Happens If No One Claims the Surplus Funds?
If no eligible heir comes forward to claim the surplus:
The Clerk of Court may transfer the funds to the State of Florida’s Unclaimed Property Division
At that point, recovery is still possible — but the process becomes slower and more complicated
In some cases, funds go unclaimed for years simply because no one knew they existed or how to file a claim properly.
Do You Need an Attorney or Recovery Specialist?
While you don’t always need an attorney, surplus funds involving deceased owners without a will nearly always involve probate, and legal assistance is strongly recommended.
At Visionary Surplus Recovery, we:
Identify if surplus funds exist
Coordinate with probate attorneys to open or reopen an estate
Handle all filings with the Clerk or Court
Guide heirs through the claim process from start to finish
Only collect a fee if funds are successfully recovered
Let Us Help You Claim What Your Family May Be Owed
If your relative died without a will and their home was lost in a foreclosure or tax deed sale, surplus funds may still be available — but the court process requires precision and legal authority.
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Disclaimer: This blog is for general informational purposes only and does not constitute legal advice. Please consult a Florida-licensed probate attorney for formal legal guidance.
