How to Claim Surplus Funds Without a Will: Intestate Succession Explained

When a loved one passes away without a will—what’s legally called dying intestate—the process of handling their estate can feel overwhelming. If their home was lost to foreclosure or a tax sale, it’s possible that surplus funds remain. But without a will, how do heirs claim those funds?

The answer lies in understanding intestate succession—the legal system that determines who inherits assets when no will exists. In this blog, we’ll walk you through what that means, how it applies to surplus funds, and how to claim them even without formal estate planning in place.

💡 What Are Surplus Funds?

When a foreclosed property sells for more than what was owed in mortgage debt or taxes, the extra money—called surplus funds or excess proceeds—is rightfully owed to the property owner or their estate. If the property owner has passed away, the funds may go to their heirs—but only if a valid claim is filed on their behalf.

🏛️ What Is Intestate Succession?

Intestate succession is the legal order of inheritance that applies when someone dies without a will. Every U.S. state has its own rules, but most follow a basic hierarchy like this:

Spouse and children
Parents and siblings
Extended family (aunts, uncles, nieces, nephews, cousins)

If no heirs are found, the estate may eventually “escheat” (be transferred) to the state.

🧾 Can You Claim Surplus Funds Without a Will?

Yes—but you must prove you’re a rightful heir under the intestate succession laws of the state where the property was located. This is especially important because surplus funds are not distributed automatically.

To claim surplus funds without a will, you typically need to:

Open a probate case or file a simplified alternative (like a small estate affidavit)
Get legally appointed as the estate’s personal representative (if required)
Submit the necessary documentation to the court or agency holding the funds

📄 Documents You May Need

Death certificate of the original property owner
Proof of relationship (e.g., birth certificate, marriage certificate)
Affidavit of heirship or small estate affidavit
Court-issued letters of administration (if probate is opened)
Foreclosure sale and surplus fund details (can often be retrieved by Surplus Refund LLC)

The process varies by state, so it’s important to check the local requirements—or work with a team who knows them well.

⚖️ What If There Are Multiple Heirs?

When more than one heir is involved, you may need to:

Have all heirs sign off on a joint claim
Go through probate to determine how the funds are split
Work with the court to resolve disputes (if any arise)

It’s important to note that funds are often held by the court or trustee until a legal determination is made. If heirs don’t come forward or file in time, the money could eventually be turned over to the state.

How Surplus Refund LLC Can Help

At Surplus Refund LLC, we specialize in helping families navigate the legal maze of surplus funds recovery—especially when no will is present. Here’s how we help:

Confirm if funds are available from a foreclosure or tax sale
Determine who qualifies as an heir under intestate laws
Assist with affidavits, heirship documentation, and filings
Help you avoid probate when possible or support you through it when required

Most importantly, we handle your claim with no upfront cost—you only pay if funds are successfully recovered.

📌 Conclusion

If a loved one passed away without a will and lost their home to foreclosure, don’t assume the case is closed. Surplus funds may still be available, and with the right legal support, you can claim them through intestate succession.

Let Surplus Refund LLC guide you through the process so you don’t miss out on money that’s legally yours.

Ready to find out if you’re entitled to surplus funds?

📞 Contact Surplus Refund LLC today for a free consultation.