Texas Surplus Funds Recovery
If your property was sold at foreclosure or tax sale in Texas and brought more than what was owed, that extra money — the surplus — likely belongs to you. Here's exactly how Texas handles it.
How surplus funds work in Texas
Texas foreclosure and tax sales can generate surplus when the winning bid exceeds the outstanding debt, taxes, and costs. Under Tex. Tax Code §34.04 / Prop. Code §51.0076, that surplus is held by the court and must be released to the rightful claimant — usually the former owner or their heirs.
District Court — verified petition required.
Step-by-step: filing your claim
- Confirm there's a surplus. Request the final sale report or distribution from the court for your property.
- Gather proof of ownership. Recorded deed, prior tax bills, ID, and any heirship documents if the owner is deceased.
- Prepare the claim. Claim forms must be notarized.
- File before the deadline. 2 years from deposit. Missing this window typically forfeits the surplus to the county or state.
- Track the disbursement. Once approved, the court issues payment — usually within 30–90 days.
Watch out for
Free Texas surplus check
Frequently asked questions
2 years from deposit. After that deadline the surplus typically escheats to the state or county.
Not always — many Texas claims are administrative. Court-venue states often benefit from counsel or a licensed recovery service to handle motions and notarization.
We work on contingency, capped at the Texas maximum of 25%. No recovery, no fee.
Heirs can claim the surplus with proof of relationship (death certificate, will or affidavit of heirship). We handle the paperwork.
Other states
This page is informational and does not constitute legal advice. Statutes and deadlines change — confirm with the court of jurisdiction or an attorney licensed in Texas.