Owner GuardianCan Heirs Claim Surplus Funds or Excess Proceeds?
By the Owner Guardian Team · Published · Updated
Often, yes. When the former owner has died, the right to the surplus usually passes to their estate, heirs, or trust beneficiaries. The county will ask you to prove that you are entitled.
Why heirs are often owed money
Tax sales frequently involve property whose owner has passed away. No one kept paying the taxes, and notices went to an empty house. Families may not even know the property was sold.
If a parent or relative owned property that was sold for taxes, we can check whether money is waiting for the family, at no cost.
California
Former owners with title of record are entitled after lienholders (Rev. & Tax. Code §4675(e)). If the owner has died, counties commonly accept a small-estate affidavit under California Probate Code §13100 to support an heir's claim. Imperial County's instructions mention it and provide a probate affidavit form. Larger estates, or estates with a probate case, use letters testamentary or letters of administration from the court. Several counties' claim forms include a box for “Qualified Heir(s) of Owner of Record.”
Minnesota
Under Minn. Stat. §282.005, “interested parties” may claim. The state claim form lets you claim as “Other” with a detailed description of your interest and documentation. Depending on the estate, that may be a small-estate affidavit under Minn. Stat. §524.3-1201 or probate court documents.
Documents commonly needed
- Certified death certificate
- Proof of relationship (birth, marriage, or adoption records)
- The will or trust, if any
- A small-estate affidavit, or court letters if probate was opened
- Your photo ID
- If several heirs share: their information or signatures, because counties divide funds by each person's interest
When several family members are involved
Each heir's share depends on the will or state inheritance law. Counties may require all heirs to claim, or one person with legal authority (an executor or administrator) to claim for the estate. Disputes can end up in court.
Do you need a lawyer?
Not always. Simple small-estate claims are often handled without one. If probate is required, or family members disagree, talk to a licensed probate attorney. Owner Guardian is not a law firm. See our heirs page, the California guide, and the Minnesota guide.
Frequently asked questions
Can grandchildren or siblings claim surplus funds?
Possibly, if they are heirs under the will or state inheritance law. The county will want documents showing the chain of relationship to the owner.
Do heirs have more time to claim?
No. The same deadline applies: in California, one year after the tax deed is recorded; in Minnesota, six months after the surplus notice is mailed.
What if the owner had a living trust?
The trustee or successor trustee usually claims, with a copy of the trust and proof of their authority.
Published October 2026. General information, not legal advice.