Frequently Asked Questions
Common Questions About Excess Proceeds
Clear, honest answers to the questions families, heirs, and professionals ask most often. Not legal advice — consult a licensed attorney for guidance specific to your situation.
Costs & Fees
Do I have to pay upfront?
In qualifying matters, no. For qualified claims, the claimant does not pay upfront to begin the review process. Approved claim expenses and attorney filing costs may be advanced from recovered funds. If funds are recovered, payment is handled from the recovery according to signed agreements, attorney process, and applicable law. Attorney approval is required. Recovery is never guaranteed. Not every matter will qualify — every case is different.
Who pays the attorney filing costs?
In qualifying contingency arrangements, attorney fees and case-related costs may be advanced by the attorney and paid from recovered funds after a successful claim. The attorney deducts fees from the recovery before distributing the remainder to the claimant. If the claim is unsuccessful and no funds are recovered, in a true contingency arrangement you typically owe no attorney fees — though specific costs may vary by case and agreement. Every arrangement must be explained clearly before you sign anything.
What happens if no money is recovered?
In a contingency arrangement, if no funds are recovered, you typically owe no attorney fees. However, there may be costs associated with the claim process — court filing fees, document retrieval, probate costs — that could apply depending on the agreement. The attorney will explain what costs, if any, you remain responsible for regardless of outcome before you commit. Never sign an agreement that does not address this clearly.
About NEPEX
Is NEPEX a law firm?
No. National Excess Proceeds Exchange is not a law firm and does not provide legal advice. NEPEX provides educational information and intake coordination. Eligible matters may be referred to a licensed attorney for legal review, filing, court communication, and distribution of recovered funds. Submitting information to NEPEX does not create an attorney-client relationship.
Who files the legal claim?
In most states, excess proceeds claims must be filed by a licensed attorney or by the claimant personally with the appropriate court or agency. NEPEX does not file claims. In qualifying matters, NEPEX coordinates referral to an independent licensed attorney who handles legal filings on your behalf. All legal proceedings are the attorney's responsibility.
What happens after I submit the form?
A member of the intake team will review your submission and may contact you to verify details and discuss the preliminary information you provided. If your matter appears to qualify for attorney referral, next steps will be explained clearly. No obligation is created by submitting a form, and no attorney-client relationship is formed with NEPEX.
What states and counties do you review?
NEPEX accepts preliminary review requests from across the United States. State and county rules for excess proceeds vary significantly. Whether a specific matter is accepted for attorney referral depends on the jurisdiction, the case facts, current attorney availability in that area, and other factors. Submit a preliminary review and the intake team will evaluate your specific situation.
Can professionals refer cases?
Yes. Attorneys, Realtors, title professionals, probate specialists, financial advisors, housing counselors, and community organizations may submit professional referrals through the Professionals section of this website. NEPEX provides a structured referral pathway and does not interfere with existing professional relationships or responsibilities.
The Legal Process
Who distributes recovered funds?
The attorney overseeing the claim is responsible for distribution. Recovered funds typically flow through the attorney's client trust account, where approved fees and costs are deducted and the remainder is distributed to the claimant. You should receive a complete accounting of what was received, what was deducted, and what you are owed. Funds are distributed according to law, signed agreements, attorney process, and any court or agency requirements.
Can I file the claim myself without an attorney?
In some states and counties, former owners may be able to file directly with the fund holder without professional representation. This is more feasible when the claimant is the living former owner, ownership is clear, probate is not required, and documentation is complete. When multiple heirs are involved, probate is needed, or the amount is significant, attorney representation is generally advisable. An attorney can assess whether your situation qualifies for self-filing.
Is recovery guaranteed?
No. Recovery of excess proceeds, surplus funds, overages, or any related funds is never guaranteed. The existence of funds, the claimant's eligibility, the required documentation, applicable deadlines, and legal procedures all vary by state, county, case type, and case facts. Any company or individual who guarantees recovery of excess proceeds without verification is making a representation that no legitimate professional can make.
Heirs, Probate & Estates
What if the owner passed away?
If the former owner is deceased, any potential excess proceeds may belong to their estate or legally eligible heirs. The specific process depends on your state, whether a probate estate was opened, how the property was held, and who the legal heirs are. Heir claims are often more complex and require additional documentation including death records, probate filings, and proof of relationship.
Do heirs qualify to make a claim?
Heirs, estate representatives, or other legally authorized parties may have standing to claim funds after a deceased owner's property was sold. These matters often require documentation such as death certificates, letters testamentary, probate orders, family relationship proof, and in some cases an attorney's involvement to establish legal authority. Eligibility is subject to verification and varies by state and jurisdiction.
What if probate was never opened?
If the former owner is deceased and no probate estate was ever opened, opening one may be necessary before a claim can be filed. Probate can take several months, and the statute of limitations on excess proceeds claims may not pause while probate is pending. Acting promptly is essential. In some states, simplified probate procedures may be available for smaller estates. Consulting an attorney early is strongly advised.
What if multiple family members may have a claim?
When multiple heirs are involved, the claim process becomes more complex. Typically, either all heirs must join in the claim, or a single personal representative with legal authority to act for the estate must file. Fund holders generally will not release funds to one heir alone without a probate order or evidence of all heirs' consent. Disputes among heirs should be addressed with an attorney before a claim is filed.
Documentation & Deadlines
What documents may be needed?
Documents commonly requested include: government-issued identification, property deed or tax records, sale records (foreclosure notice, sheriff's deed, trustee's deed, or tax deed), death certificates if applicable, probate filings or letters testamentary if applicable, proof of relationship to the former owner for heirs, and in some cases business documents if the property was held by an entity. Specific requirements vary by state, county, and case type.
Should I ignore court or county notices?
No. Never ignore official notices, court letters, county correspondence, or any sale-related documentation. Deadlines for claiming excess proceeds are often strict, and missing them may permanently forfeit the right to recover funds. If you receive any official correspondence related to a property sale, preserve it and act promptly. NEPEX does not provide legal advice — if you have received a legal notice, consult a licensed attorney.
What if I already received a letter from the county?
County notices about excess proceeds are often time-sensitive. Some counties send notification letters to the last known address of the former owner; many do not. If you received a county letter about possible surplus funds, treat it as a deadline notice and act promptly. Submit a preliminary review through NEPEX so the intake team can assess your timeline and situation.
What if I am not sure whether the property sold?
If you are not certain whether a property connected to you or a family member was sold through foreclosure, tax sale, or another forced-sale proceeding, you can submit a preliminary review with the available information. Public records searches, county records, and other research may help determine whether a sale occurred and whether any proceeds may exist. Do not ignore the possibility — it is worth checking.
What if the deadline has already passed?
If the applicable deadline has expired, the right to claim the funds may be permanently forfeited — with funds eventually escheating to the state. NEPEX will verify deadlines during the intake process and will tell you honestly if a deadline appears to have passed. There are very limited equitable exceptions in some jurisdictions, but these are narrow and uncertain. Acting promptly protects your rights.
Next Step
Have a Situation That May Qualify?
Request an educational review and the intake team will help you understand whether your specific situation may qualify for attorney-led review.
No upfront cost for qualified claims · No guarantee of recovery · Attorney-led filing where appropriate
Disclaimer: National Excess Proceeds Exchange is not a law firm and does not provide legal advice. Answers on this page are educational and general in nature. Nothing here creates an attorney-client relationship or constitutes legal advice. Consult a qualified licensed attorney for guidance specific to your situation.