How Can a Former Spouse or Survivor Assert Entitlement to Surplus Funds Following the Owner’s Death or Divorce? | Florida Estate Planning | FastCounsel
FL Florida

How Can a Former Spouse or Survivor Assert Entitlement to Surplus Funds Following the Owner’s Death or Divorce?

How Can a Former Spouse or Survivor Assert Entitlement to Surplus Funds Following the Owner’s Death or Divorce?

Detailed Answer

In Florida, when a property owner fails to pay county property taxes, the clerk sells a tax deed at a public auction. If the winning bid exceeds the amount owed, the clerk holds the excess proceeds as surplus funds. A former spouse or a survivor may claim those surplus funds if they can prove a legal interest in the property or sale proceeds.

1. Statutory Basis for Surplus Funds

Florida law requires the clerk to hold excess sale proceeds in a trust account. Any person with a legal or equitable interest may petition the court for distribution of those funds. Key statutes include:

2. Eligibility to File a Claim

You qualify to claim surplus funds if you hold:

  • A survivorship interest as a spouse listed on the deed.
  • Rights under a final divorce judgment dividing the property.
  • Probate or estate rights as an heir or personal representative.

3. Procedural Steps

  1. Obtain the clerk’s certificate of sale and proof of surplus. The clerk mails notice and posts online.
  2. Within 2 years after issuance of the certificate, file a petition in the county circuit court where the sale occurred (Fla. Stat. §197.582(2)).
  3. Attach supporting documents:
    • For former spouses: A certified copy of the final divorce decree specifying property division.
    • For survivors: Death certificate and letters of administration or summary administration order.
  4. Serve interested parties per court rules. The clerk publishes notice of your petition in the county newspaper.
  5. Attend the hearing. The court evaluates your interest and may order the clerk to disburse funds.

4. Common Challenges

  • Missed Deadlines: Courts strictly enforce the 2-year filing period.
  • Insufficient Proof: Courts require clear, certified documents proving your legal interest.
  • Competing Claims: Heirs, lienholders, and other claimants may oppose your petition.

Helpful Hints

  • File early. Avoid last-minute rush that can lead to mistakes.
  • Order certified copies of all documents from the clerk or clerk of the court.
  • Track the clerk’s notice publication to confirm deadlines.
  • Keep detailed records of service and filings for each party.
  • Consult an attorney if multiple claimants contest your right.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.