Claiming Georgia Surplus Funds as an Heir

Updated October 13, 2026

If a family member's property was sold at a tax sale or foreclosure, there may be money left over: tax sale excess funds or foreclosure surplus funds. When the owner has died, that money doesn't disappear. It becomes part of their estate, and their family may be able to claim it. Heir claims take more paperwork than most, and this guide explains what to expect.

Who inherits in Georgia?

If the owner left a will, it says who inherits. If not, Georgia law sets the order (O.C.G.A. § 53-2-1). A surviving spouse and the children share equally, except that the spouse always receives at least one-third. If there's no spouse or child, other relatives such as parents and brothers and sisters inherit in an order set by law. Georgia Legal Aid explains the full order.

Who can file the claim?

Usually the estate's personal representative files it: the executor named in the will, or an administrator appointed by the probate court if there's no will. Offices holding the money often won't pay heirs directly without court papers. Hall County, for example, says heirs "may not be paid directly" and should generally claim through the executor or administrator.

There are two common ways to get the authority to claim:

• Open an estate. The probate court in the county where the person lived issues letters testamentary (if there's a will) or letters of administration (if there isn't). These letters let the representative collect money for the estate.
• Ask for an order that no administration is necessary. If the estate has no unpaid debts, or the creditors agree, and every heir agrees on how to divide the property, the probate court can approve that agreement without a full estate (O.C.G.A. § 53-2-40).

Documents heirs are usually asked for

Requirements vary by county and by who is holding the money, but heirs are commonly asked for:

• a certified death certificate for the owner
• letters testamentary or letters of administration, or a probate court order
• a copy of the will, if there was one
• documents proving each family link, such as birth and marriage certificates
• a government photo ID and, often, a notarized claim form and W-9 for each person being paid

Chatham County, for example, lists death certificates, birth and marriage certificates proving each relationship, and probate records for heir claims. Bartow County asks for letters testamentary and a death certificate.

What makes heir claims harder

• Several heirs. Each heir's share has to be documented, and some options require every heir to sign.
• Heirs who can't be found, or family members who don't agree.
• Missing records, such as birth certificates from another state or decades-old marriages.
• Lienholders. Mortgages and other liens recorded against the property may be paid before the estate.
• Time limits. Tax sale excess funds go to the state after five years, and then a court order is needed to get them (see our tax sale guide).

Court filings, such as probate petitions or an interpleader response, must be prepared by you or by a licensed attorney. Georgia law doesn't let non-lawyers prepare them for someone else.

Can I file the claim myself?

Yes. You don't have to hire anyone to claim money that belongs to you, and the office holding the funds generally doesn't charge a fee to file. Some claims are simple. You may still pay for things like notarizing documents, getting certified records, or, in some counties, a title search.

Where claims go wrong is usually the paperwork. A form filled out for the wrong party, a missing notarization, an ID that doesn't match the records, or heirs who haven't documented their relationship can send a claim back to the start. If the holder isn't sure who is entitled, it can ask a superior court to decide, and that adds months.

How we help

Our job is to help you get the claim right the first time, so you don't lose time to delays from the wrong process or the wrong documents. 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. What we do:

• research whether funds may be held for you, and who is holding them
• work out who may be entitled to the money, including lienholders and heirs
• gather and prepare the documents the holder asks for, and walk you through signing and notarizing them
• follow each county's rules on who may file: where a county accepts claims only from you or a Georgia-licensed attorney, we prepare everything for you to file, or work with a Georgia-licensed attorney
• keep track of the claim with you until it's resolved

Our fee is contingency only. There is no upfront cost. Our fee is a percentage of what is recovered, agreed with you in writing before any work starts, and if nothing is recovered you owe us nothing.

Protect yourself from scams

Letters about surplus money can be legitimate, but scammers copy them. Before you sign anything with anyone, including us:

• confirm the funds exist with the office or law firm holding the money (for tax sales, check the county's excess funds list)
• never pay an upfront fee to "release" funds
• read any agreement for the fee, and make sure it's in writing
• be wary of letters designed to look like they came from a government office

Sources

• O.C.G.A. § 53-2-1, who inherits without a will
• O.C.G.A. § 53-2-40, order that no administration is necessary
• Georgia Legal Aid: What happens when someone dies without a will
• Hall County Tax Commissioner: Excess Funds
• Chatham County Tax Commissioner: Excess Funds
• O.C.G.A. § 15-19-50, the practice of law

Read next: Georgia tax sale excess funds · Foreclosure surplus funds in Georgia