Detailed Answer

Short answer: Maybe — but only if the deed actually created a survivorship interest and the survivor owned title at the time the sale produced the surplus. California law recognizes survivorship by operation of the deed (for example, joint tenancy or community property with right of survivorship). If title passed to a survivor before the trustee’s sale or before distribution of surplus funds, the survivor typically gets the owner’s share of any surplus. If title had already vested in someone else or the deed did not create a survivorship interest, claiming survivorship will not enlarge your share.

How survivorship works in California

Survivorship arises from how the co-owners took title. Typical forms are:

• Joint tenancy — property passes automatically to the surviving joint tenant(s) on death.
• Community property with right of survivorship — spouses can hold property so the surviving spouse takes all on death.

The controlling fact is the language in the recorded deed and whether the deceased owner actually died before the relevant transfer or sale. If the deed contains clear survivorship language (for example, “as joint tenants” or “as community property with right of survivorship”), title passes by operation of law at the moment of death — no probate is needed. If the deed names owners as tenants in common or lacks survivorship language, no automatic survivorship occurs.

How foreclosure surplus funds are distributed

In California, nonjudicial foreclosures follow the trustee‑sale process under the Code of Civil Procedure. The trustee’s sale transfers the property and, if the sale yields more than owed, creates surplus funds that are paid out to persons with valid legal title or claims. The trustee and any entity handling surplus money will look to the record title at the time the sale became final and to statutory rules about distribution. For background on the nonjudicial foreclosure process see California Code of Civil Procedure §2924 et seq.: CCP §2924.

Timing matters

If the co‑owner died before the sale (or before the surplus was distributed) and the deed created a survivorship interest, the survivor became sole owner immediately on death. That survivor’s ownership date determines who gets surplus funds. If the death occurred after the sale and the surplus was already distributed to the recorded owners, a survivorship claim usually cannot reach back to increase the survivor’s share unless a court orders otherwise.

What you must prove to assert a survivorship claim

To assert a right of survivorship and claim a larger share of surplus funds you generally must provide:

• The recorded deed showing survivorship language (copy from the county recorder).
• A certified copy of the decedent’s death certificate showing the date of death.
• Evidence the decedent died before the sale or before surplus distribution (date comparison).
• Chain of title or title report if other transfers or encumbrances exist.
• Any documents the trustee or surplus administrator requires for a claim (claim forms, identification, affidavit of survivorship if applicable).

Common factual and legal obstacles

• Deed language is ambiguous or creates tenancy in common (no survivorship).
• Death occurred after the sale or after surplus distribution.
• Recorded transfers, probate proceedings, or liens altered ownership before the sale.
• Third‑party claims (heirs, creditors, or purchasers) with superior legal rights to the funds.

Practical steps to assert the claim

1. Obtain a certified copy of the deed from the county recorder and a certified death certificate.
2. Obtain the trustee’s sale information and any surplus‑funds notice from the trustee or county office handling surplus funds.
3. Prepare and submit the required claim paperwork with supporting documents (deed, death certificate, ID).
4. If the trustee or administrator denies the claim, consider asking a court to determine ownership and entitlement to surplus funds. Courts can decide competing claims to surplus proceeds.
5. Consult an attorney if the other side contests your claim or if the facts are complex (title disputes, multiple heirs, probate issues).

When to involve a court

If the trustee or surplus administrator refuses to release funds after you present evidence, or if someone else asserts a conflicting claim, you may need to file a claim in court to determine entitlement. A court will examine the deed, death date, chain of title, and applicable law to decide who gets the surplus.

Important: This article explains general principles. Specific results depend on the exact deed language, the timing of death relative to the sale, recorded documents, and the facts. If a dispute arises, evidence and legal procedure matter.

Disclaimer: This is educational information, not legal advice. Consult a licensed California attorney to evaluate your case and help you assert a claim.

Helpful Hints

• Check the deed now. The recorded wording controls survivorship. Get a copy from the county recorder where the property is located.
• Compare dates. The date of death versus the trustee sale date and the surplus distribution date often decides the dispute.
• Get certified documents. Use certified death certificates and certified copies of the deed to present to the trustee or a court.
• Gather a title report. That report shows recent recorded documents that could affect ownership.
• Act quickly. Procedures and deadlines for claiming surplus funds or filing court actions can be short.
• Keep clear records. Save trustee sale notices, all correspondence, claim forms, and receipts.
• If paperwork is rejected, ask for a written explanation. That helps if you must file in court.
• Consider limited scope help. An attorney can draft an affidavit of survivorship or a probate‑avoidance document if appropriate.