The county sold my property. Is there money left over that belongs to me?
If your property sold at a tax or foreclosure sale for more than was owed, the surplus may still belong to you. California gives you one year to claim it.
Often, yes. When a property sells at a California tax sale for more than the taxes and costs owed, the surplus is called excess proceeds and it belongs to the former owner or the lienholders, not to the county. You generally have one year from the recording of the tax deed to file a claim under Revenue and Taxation Code section 4675, and unclaimed money goes to the county after that.
How this happens without anyone telling you
A county sells a property for unpaid taxes. The bidding goes above what was owed. The difference can be tens of thousands of dollars, sometimes far more, and it sits in a county account.
The county is required to give notice, but notice goes to the address of record, which for someone who has already lost the property is frequently the property itself. People move, mail is missed, and the deadline passes on money that was theirs.
Who can claim it
Claims are paid in priority order under Revenue and Taxation Code section 4675: lienholders of record first, in the order of their priority, then the person who owned the property at the time of the sale.
If you were the owner, you are last in line but you are in line, and where the surplus exceeds the liens the remainder is yours. Heirs of a deceased former owner can also claim, which is why this comes up so often alongside probate work.
The deadline is real
Claims must be filed within one year of the recording of the tax deed to the purchaser. After that the county keeps the money. There is no general extension and no sympathetic exception for not having been told.
If you think a property connected to you or a family member was sold at a tax sale in the last year, checking now costs nothing and waiting can cost everything.
Watch out for who contacts you
Surplus funds attract finders who offer to recover the money for a share, sometimes a large one. California limits what these arrangements can charge, and an agreement signed within the first year after the sale is subject to restrictions under Civil Code section 1798.91 and related consumer protections.
Never sign an assignment of your claim before you know what the claim is worth. Find out the amount first. The information is public and this firm will check it for you at no charge.
How this firm handles it
Start with the free search on our excess proceeds page. Enter the address or parcel number and we will tell you what the record shows. If there are proceeds, we will tell you the amount, the deadline, and where you sit in the priority order before you decide anything.
If the former owner has died, the claim becomes an estate asset and usually needs a probate or a small estate procedure alongside it, which we handle together rather than sending you to two different firms.
Common questions
What are excess proceeds in California?
When a property is sold at a California tax sale for more than the taxes, penalties, and costs owed, the surplus is called excess proceeds. It belongs to the lienholders and the former owner, in that priority order, not to the county.
How long do I have to claim excess proceeds in California?
Generally one year from the date the tax deed to the purchaser is recorded, under Revenue and Taxation Code section 4675. After the year expires the county retains the funds.
Who gets paid first?
Lienholders of record are paid first in order of priority, and the person who owned the property at the time of sale is paid from whatever remains.
Can I claim excess proceeds if the owner died?
Yes. The claim becomes an asset of the deceased owner\u2019s estate, and an heir or personal representative can pursue it, usually alongside a probate or small estate procedure.
Should I sign with a company that contacted me about surplus funds?
Not before you know what the claim is worth. Find out the amount and the deadline first. California restricts these agreements, and the information about your own property is public.
Does it cost anything to find out?
No. Searching the record and telling you what it shows is free at Wood Legal Group.
Find out in about a minute whether money is waiting
Search your address or parcel number free. If there is a surplus, we will tell you the amount and the deadline before you commit to anything.
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This page is general legal information about California law, not legal advice, and reading it does not create an attorney-client relationship. Portia M. Wood is admitted in California and Maryland. See our Legal Disclaimer.