Free Executor Resource
The Executor's Excess Proceeds Checklist
Serving as executor of an estate is a heavy responsibility. Among the many tasks on your list, one of the most overlooked is checking for excess proceeds from properties the deceased may have lost to tax sale or foreclosure. This checklist walks you through each step — from research to recovery — so nothing falls through the cracks.
What's Inside This Guide
- How to research property sale history for the decedent: identifying every property they owned, checking auction records, and determining if a surplus may exist
- A step-by-step framework for confirming surplus fund eligibility: verifying the sale price against debts owed, calculating the potential surplus, and identifying the correct county disbursement office
- The documentation executors must gather: letters testamentary, the decedent's death certificate, EIN confirmation, the will or trust instrument, and certified property records
- How to prepare and submit a claim as executor: drafting the affidavit of entitlement, attaching supporting evidence, and filing with the correct county department within the statutory window
- When to handle the claim yourself versus when to engage a professional recovery service — a decision matrix based on fund size, estate complexity, and available time
- How to account for recovered excess proceeds within the estate: reporting to beneficiaries, documenting distributions, and closing out the estate cleanly
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This guide is for educational purposes only and does not constitute legal advice. Executors should consult with estate counsel regarding surplus fund claims. National Excess Proceeds Exchange is not a law firm.
