DeKalb County Surplus Funds: Tax Sale & Foreclosure Claims

Updated October 13, 2026

If a property in DeKalb County was sold at a tax sale or a foreclosure for more than was owed, the extra money belongs to the former owner and others who had an interest in the property. In DeKalb, tax sale excess funds are held by the DeKalb County Tax Commissioner until someone entitled to them files a claim.

General information, not legal advice. GA Asset Recovery Advocates is not a law firm. Laws and county procedures change, so check the current rules with the office holding the funds or a Georgia attorney before you act. Last updated October 13, 2026.

Who holds tax sale excess funds in DeKalb County, and how do I claim them?

DeKalb holds tax sales on the first Tuesday of the month in front of the DeKalb County Courthouse in Decatur, and posts upcoming properties in its tax sale listings. Excess funds are held by the Tax Commissioner's Office until an entitled party claims them. The office publishes an excess funds list you can check for free; the September 2026 update is the most recent.

Who may file. DeKalb is strict: "All claims must be filed by the party entitled to receive the funds or their Georgia-licensed attorney," and "Powers of Attorney are not accepted." All signatures on the claim form must be notarized.

Where to file. Claims can be filed in person at the Tax Commissioner's Central Office, 4380 Memorial Dr., Suite 100, Decatur, GA 30032 (Monday to Friday, 8 a.m. to 5 p.m.), or mailed there to the attention of Delinquent Collections Claims. The main phone line is 404-298-4000.

How long it takes. DeKalb says that because circumstances vary, it can't estimate how long claims take to pay. Its claim form says claims are paid once entitlement is determined, "within the bounds of the doctrine of reasonableness." If competing claims arise, the Tax Commissioner may send the funds to Superior Court, and after that the office can't give updates.

How long do I have to claim?

Under Georgia law (O.C.G.A. § 48-4-5), unclaimed excess funds are sent to the Georgia Department of Revenue five years after the tax sale. After that, they can be released only by a superior court order. Our statewide tax sale guide explains who is entitled and in what order.

What about foreclosure surplus in DeKalb County?

DeKalb County's legal organ is The Champion newspaper, where foreclosure sale advertisements are published. Those advertisements usually name the law firm handling the sale, which is where to ask about a surplus.

Foreclosure surplus isn't held by the county. It's usually held by the lender or the law firm that ran the sale, and Georgia doesn't currently require them to notify you. See our foreclosure surplus guide.

What if the owner has died?

Estates are handled by the DeKalb County Probate Court, 556 North McDonough Street, 1100 Judicial Tower, Decatur. The court serves the public by appointment only; you can book through its online appointment calendar. It uses Georgia's standard probate forms, including the petition for letters of administration and the petition for an order that no administration is necessary.

Our guide for heirs covers who inherits and the documents counties usually ask for.

What happens if a claim goes to court?

When DeKalb interpleads disputed funds, the case is in DeKalb County Superior Court. The Clerk of Superior Court is at 556 North McDonough Street, Ground Floor, Decatur ((404) 371-2836), and its judicial records search covers cases filed from 2010 on, through the online portal.

Can I file the claim myself in DeKalb County?

Yes. In fact, DeKalb accepts claims only from the person entitled to the funds or their Georgia-licensed attorney, and it doesn't accept powers of attorney. So in DeKalb you file the claim yourself, or a Georgia attorney files it for you. We help you get it right before it goes in: we check the excess funds list, gather the records that show your interest, prepare the claim form for you to sign in front of a notary, and work with a Georgia-licensed attorney when one is needed.

Working with us. Our fee is contingency only: no upfront cost, a percentage of what is recovered, agreed in writing before any work starts, and nothing owed if nothing is recovered. We can't promise that a claim will be approved or how much will be paid; those decisions belong to the office or court holding the funds. Before you sign anything with anyone, confirm the funds exist yourself. Our verify us page explains how, and our Georgia guides cover the full process.

Think you may be owed money from a Georgia sale?

Call us at (404) 999-3532 or email Support@GaAssetRecoveryAdvocates.com. There is no upfront cost, and we'll tell you honestly whether you'd be better off filing yourself.

Sources

More Georgia guides: all guides and county pages

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