If a property in Fulton 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. Fulton handles tax sales differently from most Georgia counties: they're run by the Fulton County Sheriff's Office, not the tax commissioner.
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.
The Sheriff holds tax sales on the first Tuesday of each month, between 10 a.m. and 4 p.m., and holds any excess funds until they're claimed.
Finding out whether there are funds. Fulton doesn't post a downloadable excess funds list. The Sheriff's Office asks people to request it through the county's Open Records Requests Center, choosing "Sheriff" as the department. The list shows the sale number, parcel ID and amount only, not owner names. You can also call the Sheriff's Office at (404) 612-5100.
What a claim requires. Fulton's requirements are among the most demanding in Georgia. The Sheriff's tax sales page and excess funds application ask for:
The title certificate usually means paying for a title examination, so it's worth confirming the amount of excess funds first. The affidavit also asks you to swear you haven't assigned your interest in the funds to anyone, and the Sheriff applies the funds to any past-due property taxes you owe before paying the rest.
Representatives. Fulton's application allows a third-party agent for a property owner, with a notarized power of attorney, a notarized letter from the owner asking that the funds be paid to the agent, and the owner's photo ID.
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.
Fulton County's legal notices, including foreclosure sale advertisements, have been published since January 1, 2024 in a Neighborhood Newspapers publication instead of the Fulton County Daily Report. 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.
Estates are handled by the Fulton County Probate Court, 136 Pryor Street SW, Suite C230, Atlanta (404-612-4640). Its forms page links directly to 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.
If claims compete, or the holder isn't sure who is entitled, the money can be paid into Fulton County Superior Court in an interpleader case. You can look up court cases on the Clerk's online records search, linked from the Fulton County Clerk of Superior and Magistrate Courts.
Yes. You don't need anyone's help to file with the Sheriff's Office, and Fulton also accepts a third-party agent with a notarized power of attorney. In Fulton, claims most often stall on the paperwork: the 50-year title certificate, two notarized documents, and an extra copy of everything. Getting those right the first time is where we help: we confirm the amount first, arrange the title work, prepare the affidavit and indemnity agreement for you to sign before a notary, and follow up with the Sheriff's Office.
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.
More Georgia guides: all guides and county pages