Detailed Answer
This answer explains, in plain language, what documents you will typically need to prove ownership when filing a claim for surplus funds in Arkansas. Surplus funds arise when a property sale (for example, a foreclosure sale, sheriff’s sale, or tax sale) brings in more money than was needed to pay the liens and costs. Whoever has the legal right to the property or a recorded lien against the property may be entitled to those funds.
Who may claim the surplus in Arkansas? Generally, the person or entity that held legal title to the property at the time of the sale, recorded lienholders, and in some circumstances heirs or personal representatives of a deceased owner. The specific process and deadlines can vary depending on whether the sale was a mortgage foreclosure, an execution/sheriff’s sale, or a tax sale. For official Arkansas statutes and local procedures, start at the Arkansas Legislature site: https://www.arkleg.state.ar.us/ and search for terms such as “sheriff’s sale,” “foreclosure sale surplus,” or “tax sale surplus.” For court filing and records procedures, see the Arkansas Judiciary: https://www.arcourts.gov/.
Core documents you will commonly need
Collect as many of the following as apply to your situation. Certified copies are better than photocopies.
- Recorded deed(s) showing the chain of title (grant deed, warranty deed, quitclaim deed). Get certified copies from the county recorder/clerks where the property is recorded.
- Sheriff’s deed or sale certificate from the sale that generated the surplus. This shows the sale event and sale date.
- Foreclosure or sale docket/judgment or case number and certified court documents showing the sale was ordered or confirmed by a court (if the sale was judicial).
- Recorded mortgage(s), liens, and assignments showing any creditors with claims and whether those liens were paid off at sale.
- Title report or abstract if available. A title company can run a current title search and show the recorded owners, liens, and encumbrances at the time of sale.
- Proof of identity for the claimant: government-issued photo ID (driver’s license, passport) and current contact information.
- Proof of ownership for deceased owners: certified death certificate plus probate documents (letters testamentary, letters of administration, or a final order of distribution). These show who legally succeeds to the property.
- Affidavit of heir or small estate affidavit when there is no formal probate and Arkansas law permits an affidavit as proof of succession (get certified copies from the county circuit clerk or probate court where the estate would be filed).
- Power of attorney or written authorization if someone files on behalf of an owner. The POA must be valid for real-estate transactions and properly notarized; some filings require it to be recorded.
- Certified copies of any court orders resolving competing claims to the property or directing distribution of sale proceeds.
- Contract for deed, installment sale agreement, or other equitable ownership documents if the owner holds property under contract rather than a recorded deed. These should be accompanied by proof of payment history and any recorded memorandum if one exists.
- Tax payment records or proof of tax status if the sale was a tax sale. County tax collector records and receipts show who paid taxes and when.
- Completed claim form and IRS Form W-9 — many counties or sheriff’s offices require a signed claim form and a W-9 (so the county can issue payment and report it for tax purposes). See the IRS W-9 form information: https://www.irs.gov/forms-pubs/about-form-w-9.
- Notarized affidavit of entitlement — a sworn statement describing your right to the surplus, signed and notarized. Some counties or the court may require this to support the claim.
- Proof of mailing or notice if you were required to give notice to other parties (certified mail receipts or court-stamped notices).
Documents you may need if someone else claims the funds
If multiple parties claim the surplus, the sheriff, county, or court may require additional proof such as:
- Affidavits from witnesses or a title opinion from an attorney.
- An indemnity bond (in some counties) to protect the disbursing officer against later claims.
- Final court order awarding the surplus to a particular claimant after a contested hearing.
Where to get certified copies
Most recorded property documents are housed at the county recorder’s office (often the Circuit Clerk or County Clerk in Arkansas). Probate records and court judgments come from the circuit court clerk. Sheriff sale reports and surplus funds information come from the county sheriff’s office, county treasurer, or circuit clerk depending on the county’s process.
Practical filing steps
- Identify the office handling the surplus — contact the county sheriff’s office or the county treasurer where the sale took place.
- Ask for the county’s required claim form and instructions. Many counties publish forms or directions online.
- Assemble certified supporting documents listed above and a signed affidavit of entitlement.
- Include an IRS W-9 if the county will issue a payment.
- File the claim and keep certified copies of everything. If there are competing claims, be prepared to go to court and present your proof.
Because county practices can differ and deadlines sometimes apply, contact the county office quickly. For statutes and to confirm filing deadlines or procedures in Arkansas, consult the Arkansas Code and local court rules available through the Arkansas Legislature: https://www.arkleg.state.ar.us/ and the Arkansas Judiciary: https://www.arcourts.gov/.
Important: If someone else has filed a competing claim or if ownership is unclear, you should consider consulting a licensed Arkansas attorney who handles real estate or probate matters. A lawyer can run a title search, advise on proof requirements, and, if necessary, file a petition in court to decide entitlement to surplus funds.
Disclaimer: This information is educational only and is not legal advice. It does not create an attorney-client relationship. For advice specific to your case, consult a licensed Arkansas attorney.
Helpful Hints
- Start by contacting the county sheriff or county treasurer where the sale happened — county staff can tell you the local process and provide any required claim forms.
- Always obtain certified copies of recorded deeds, mortgages, and court documents rather than plain photocopies.
- Get a title search or an abstract if you can — it quickly shows the recorded chain of title and who may have competing claims.
- If the owner is deceased, gather the death certificate plus probate paperwork (letters testamentary or administration) before filing.
- If you represent someone else, use a recorded power of attorney or a court appointment — many offices will not accept an unrecorded POA for property matters.
- Include an IRS W-9 form early if you expect a payment; counties often require it before issuing funds.
- Keep originals secure; file certified copies with the claim and be ready to present originals at a hearing if needed.
- If you aren’t sure who has the strongest claim, hire an Arkansas attorney or title company to avoid forfeiting rights by filing the wrong paperwork.
- Document every step: dates you requested records, names of county staff you spoke with, and copies of all filings and mailed notices.