Detailed answer: Who can get surplus funds and how to claim them in Arizona

Below is a practical, step-by-step explanation of how to find and claim excess (surplus) sale proceeds under Arizona law when the decedent’s estate was not probated. This explains the typical process, the documents you will need, and the choices you will face.

1. Confirm whether a surplus exists and identify the sale type.

   First, determine whether the foreclosure was a nonjudicial trustee sale (common in Arizona under deeds of trust) or a judicial foreclosure. Look up the sale record at the county recorder’s office where the property was located. The recorded trustee’s deed, sheriff’s deed, or sale notices will show the sale price and the parties involved and allow you to see whether excess proceeds were generated.

   General Arizona property and foreclosure statutes: see Arizona Revised Statutes, Title 33 (Property): https://www.azleg.gov/arsDetail/?title=33

2. Contact the trustee or the party who conducted the sale.

   For a trustee sale, contact the trustee or the trustee’s law firm or trustee company listed on the recorded documents. Ask whether any surplus (excess proceeds) was produced, whether it was paid out, and to whom. For a judicial sale, contact the sheriff or the court clerk that administered the sale.

3. Search for unclaimed funds.

   If a surplus was paid but not claimed, the funds may be held as unclaimed property. Check the Arizona unclaimed property program: https://aztreasury.gov/unclaimed-property/. Also ask the county treasurer or clerk whether the county holds any excess sale proceeds.

4. Establish your right to the funds if the owner died and no probate was opened.

   If the decedent left no probate, you must show you are the legal successor before the trustee, purchaser, county, or court will release money. There are two common routes in Arizona:

   • Open probate (formal or informal) and obtain appointment as personal representative. Once you have letters testamentary or letters of administration, present them to the holder of the funds to collect surplus proceeds.
   • If the total value of the decedent’s personal property (or the asset to be collected) is small enough, use Arizona’s small‑estate collection procedures or affidavit methods (sometimes called an affidavit for collection of personal property) to collect without full probate. The clerk of the superior court or court self-help resources explain the small estate thresholds and forms. Arizona probate resources: https://www.azcourts.gov/selfservice/Probate and Arizona Revised Statutes, Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14

   Which route is appropriate depends on the size and complexity of the estate, the county rules, and whether other heirs or creditors may contest the claim.

5. Gather and provide the documents typically required.

   Common documents the trustee, court, or county will request include:

   • Certified copy of the decedent’s death certificate.
   • Proof of your identity (government ID).
   • Proof of heirship or beneficiary status (e.g., will naming you, heirship affidavit, or probate appointment/letters).
   • Copies of the trustee’s deed or sheriff’s deed that show the foreclosure sale and any sale reconciliations.
   • An affidavit or signed statement requesting disbursement of the surplus funds.
6. If the holder refuses to pay, you may need to go to court.

   If the trustee, purchaser, or another alleged claimant refuses your claim, you can file a lawsuit (often a simple civil action or an interpleader petition) in the superior court to determine who is entitled to the surplus. As part of that proceeding, the court can order the funds released to the rightful person.

7. Act promptly but prepare for delays.

   There can be deadlines and statutes of limitation that affect claims to foreclosure surplus funds and to property of a decedent. If you discover a surplus, begin the claim process as soon as possible—contact the trustee, check unclaimed property, and consult the county court clerk about small estate options.

8. Get legal help for contested or large claims.

   If multiple people claim the funds, creditors assert claims, or the amount is substantial, consult an attorney familiar with Arizona probate and real property/foreclosure law. An attorney can advise whether you should open probate, use a small‑estate procedure, or file a court action to resolve competing claims.

Arizona law governing probate and property will be relevant throughout this process. Review the Arizona probate code (Title 14) for probate and succession rules and the property/foreclosure statutes (Title 33) for rules about trustee sales and foreclosure procedures: https://www.azleg.gov/arsDetail/?title=14 and https://www.azleg.gov/arsDetail/?title=33.

How to proceed in a typical hypothetical: step-by-step example

Hypothetical facts: a parent died owning a house that later sold at a trustee’s sale. The sale produced $10,000 in excess after lender and other lien payments. The estate was never probated.

1. Search the county recorder for the trustee’s deed and sale paperwork to confirm the $10,000 surplus.
2. Contact the trustee listed in the recorded sale and ask for an accounting and whether the surplus was paid or remains with the trustee or county.
3. If the trustee holds the $10,000, ask what proof they require. Typically, provide the death certificate and proof that you are an heir or the appointed personal representative.
4. If you cannot produce formal probate letters because the estate was never opened and the amount justifies it, either (a) open a limited probate or (b) use the county’s small estate affidavit process if eligible—check Arizona court resources: https://www.azcourts.gov/selfservice/Probate.
5. Present the required documents to the trustee or file a court petition if someone else contests the $10,000.

Common pitfalls to avoid

• Don’t assume the surplus is automatically available to heirs without proof of title or right of succession.
• Don’t delay—unclaimed funds may be transferred to state unclaimed property or become harder to retrieve over time. Check https://aztreasury.gov/unclaimed-property/.
• Be careful about sharing personal information—only provide sensitive documents to trusted entities (court, trustee, county clerk) or through secure channels.
• If you are not all of the heirs, coordinate carefully—multiple heirs may need to sign releases or join a probate or court action.

When you probably need an attorney

Consider hiring a lawyer if:

• Multiple people claim the surplus and the claim is contested.
• Creditors or mortgage lenders assert competing rights to the funds.
• The amount at stake is large compared with the cost of legal help.
• You need to open a complex probate or file a court action to compel payment of the surplus.