Detailed Answer

Short answer: Possibly — but only if the deed actually created a survivorship-type ownership and you can prove you are the surviving owner. In Alabama, whether you can claim a larger share of surplus funds from a foreclosure sale depends on the form of ownership in the deed (for example, joint tenancy with right of survivorship or tenancy by the entirety), what the deed language says, whether the surviving owner’s interest automatically vested on death, and whether competing creditors or heirs have valid claims. You will generally need to present recorded documents and proof of the decedent’s death to the official handling the surplus funds, and you may need to start a court action if the claim is contested.

How survivorship ownership works in Alabama

Real property owners can hold title in different ways. The most common forms are:

Tenants in common: Each owner has an individual, divisible share. A deceased owner’s share passes by will or intestacy, not automatically to co-owners.
Joint tenants with right of survivorship: When properly created, the surviving joint tenant(s) automatically own the whole when one joint tenant dies.
Tenancy by the entirety: A special form for married couples in some states where the surviving spouse automatically takes full title on the other spouse’s death.

Which form governs depends on the deed wording and whether state law recognizes the form. In Alabama, the deed language controls whether a survivorship interest was created. To verify, you must read the recorded deed and any subsequent conveyances in the chain of title.

For official Alabama laws and code text you can search the state code here: Alabama Legislature — Code and statutes. For court procedure and foreclosure information see: Alabama Judicial System.

How a survivorship interest affects surplus funds after a foreclosure sale

When a foreclosure sale produces more money than the amount owed to the foreclosing creditor, the leftover money (the “surplus” or “overage”) is distributed to parties with a valid ownership or creditor interest in the property. The distribution process varies by whether the foreclosure was judicial or non-judicial and by local procedure, but the key legal point is this:

If the deed created a lawful right of survivorship and one owner died before distribution, the survivor typically succeeds to the deceased owner’s interest and can claim the deceased owner’s share of any surplus funds.
If the deceased held only a divisible share (tenant in common) or death has not transferred title to the claimant under the deed, the deceased owner’s portion of surplus funds goes to the decedent’s estate and will not automatically vest in a co-owner.

What you must prove to assert a survivorship claim

To persuade the sheriff, sale officer, or court to pay you a larger share of surplus funds based on survivorship, you typically need:

A certified copy of the recorded deed(s) that created the alleged right of survivorship (showing the exact grant language).
The recorded chain of title (any later deeds or instruments that could have changed ownership).
A certified copy of the decedent’s death certificate.
An affidavit of survivorship or similar sworn statement in the form required locally. Some counties have standard forms; others require a court filing.
Photo ID and proof of your own identity and address.

Steps to assert a survivorship interest in the surplus funds

Obtain and read the recorded deed and recent title history at the county recorder’s office or online. Look for language such as “joint tenants with right of survivorship” or “with right of survivorship.”
Get an official certified copy of the decedent’s death certificate.
Contact the official handling the foreclosure sale or surplus (usually the sheriff, master commissioner, or court clerk). Ask their process and the documentation required to claim surplus funds.
File a written claim for the surplus funds with supporting documents. If the sale officer requires a court filing, you may need to initiate a claim or appear in the distribution proceeding.
If multiple people claim the same funds, the sale officer may deposit the money with the court and ask the court to decide (interpleader). If the claim is disputed, you may need to litigate (for example, a quiet title or declaratory relief action) to prove survivorship.

Common obstacles and competing claims

Deed ambiguity. If the deed lacks clear survivorship language, courts often treat the ownership as tenants in common and survivorship will not apply.
Recorded transfers after the deed. A later deed or recorded mortgage could alter rights.
Creditors and lienholders. Creditors of the decedent or of the property may have priority claims against surplus funds depending on timing and type of lien.
Estate administration. If the decedent’s interest passed to the estate, the personal representative controls distribution to heirs or beneficiaries.

When you should consult an attorney

If the claim is straightforward (clear survivorship language, no competing claimants, routine clerk procedure), you may be able to present the documents yourself. Consult an attorney if any of the following apply:

The deed language is ambiguous.
Someone else is claiming the surplus funds.
Significant money is at stake.
You need to file a court action to enforce or quiet title.

An attorney can prepare affidavits, file necessary pleadings, and represent you at distribution hearings.

Hypothetical example

Say Alice and Bob hold title as “Alice and Bob, joint tenants with right of survivorship.” After a foreclosure sale on the property leaves surplus funds, Bob dies. Under survivorship, Alice becomes the sole owner at Bob’s death. Alice should present the recorded deed, the recorded chain of title, and Bob’s death certificate to the official handling the surplus funds. If those documents clearly show survivorship, the officer or court will usually release Bob’s share to Alice. If the deed did not create survivorship or someone else claims the money, Alice would likely need to start a court proceeding.

Disclaimer

This information is educational only. It is not legal advice. Laws change and each case depends on its facts. Consult a licensed Alabama attorney to get advice about your specific situation.

Helpful Hints

Start by getting the recorded deed and any later deeds from the county recorder’s office.
Look for specific survivorship words: “joint tenants with right of survivorship,” “right of survivorship,” or “tenants by the entirety.”
Secure a certified death certificate early — officials often require it before paying funds to a survivor.
Contact the sheriff or court clerk handling the sale immediately and ask their required paperwork and deadlines.
If more than one person claims the funds, expect the money to be deposited with the court until the dispute is resolved.
Keep copies of all recorded instruments, certified mail receipts, and filings — courts and clerks rely heavily on recorded documents.
If you are unsure about the deed language or face opposition, hire a real estate attorney to avoid losing rights through missed deadlines or incorrect filings.
Use the Alabama Legislature site to research code language and local court rules: https://www.legislature.state.al.us/.