Short Answer

No — you do not always have to open a full probate administration in Florida to recover surplus funds. Whether you must open probate depends on who holds title to the property, whether the decedent left a will, the size of the estate, and whether a court or other parties contest the claim. In many cases you can claim surplus proceeds directly from the court or use a streamlined probate process (summary administration) if the estate qualifies.

Detailed Answer — How it works under Florida law

Different kinds of surplus funds arise in different contexts (foreclosure sales, tax deed sales, judicial sales of property, or proceeds remaining after a creditor sale). The legal route you follow depends on the source of the surplus and whether the decedent owned the property at death.

1. Surplus from a foreclosure or other judicial sale

When a judicial sale produces money in excess of the amounts owed, the foreclosure court or the clerk typically holds the surplus until a lawful claimant appears. Chapter 45 of the Florida Statutes governs foreclosure and judicial sales procedures; the court distributes sale proceeds according to the priority of claims. See Florida Statutes, Chapter 45 (mortgage foreclosure and judicial sale):
Fla. Stat. Ch. 45.

If the property owner died before or after the sale, the heirs or personal representative who can prove entitlement are the proper claimants to the surplus. In many situations you can ask the court that handled the foreclosure to release funds to the person with legal title to the surplus (owner, surviving spouse, heirs), without opening a separate administration — provided the claimant can show clear proof of entitlement and no one contests the claim.

2. Small and summary estates — fewer formalities

If the decedent’s estate qualifies as a small estate or otherwise meets the criteria for summary administration, Florida law allows a faster, less formal procedure than full administration. Summary administration often works when the net value of estate assets subject to administration falls below statutory limits or when the decedent died more than two years before the petition. See Florida’s summary administration rules in Chapter 735: Fla. Stat. Ch. 735.

Summary administration can let an heir or beneficiary obtain authority to collect estate assets (including surplus sale proceeds) without a full probate case. That route is faster and less expensive than formal administration under Chapter 733: Fla. Stat. Ch. 733.

3. When you likely must open a full formal administration

Full administration (formal probate) may be necessary when:

• The estate has substantial assets or multiple creditors and claimants;
• There is a will contest or a dispute among heirs over entitlement to proceeds;
• The claimant cannot show clear title or proof of heirship to justify direct release of the surplus;
• A third party files an objection in the court holding the surplus and the court requires estate administration to sort priorities.

4. Practical routes to recover surplus funds (step-by-step)

1. Identify the court and clerk handling the sale (foreclosure or tax deed). Contact the clerk to ask whether surplus funds exist and what the clerk requires to release funds (some clerks have local procedures).
2. Gather documentary proof: death certificate, deed/title records showing ownership, marriage certificate (if claiming as surviving spouse), will or beneficiary designation (if any), and photo ID for the claimant.
3. File a claim or motion in the sale case asking the court to disburse the surplus to you. In uncontested cases the clerk or judge may release funds on presentation of proof and an appropriate affidavit.
4. If the clerk or judge requires probate authority, consider whether summary administration (Chapter 735) applies — it is faster and cheaper than full administration. If contested or the estate is complex, you may need to open formal administration under Chapter 733.
5. If multiple claimants exist, consider mediation or ask the court to determine distribution. Do not disburse funds until the court signs an order if the clerk refuses to release them.

5. Timing — act quickly

Procedural timeframes and local court rules vary. Some courts impose deadlines for claiming surplus funds or filing objections. Prompt action preserves your right to the funds and prevents the court from turning over surplus funds to the county or placing them into long-term registry.

When to hire an attorney

Hire an attorney if any of the following apply:

• Someone contests your claim to the funds.
• Title or heirship is unclear or contains conflicting documents.
• You face complex creditor claims or liens affecting priority.
• A local clerk or judge insists on formal probate and you want help choosing summary vs. formal administration.

An attorney experienced in Florida probate and foreclosure-related claim practice can file the correct motions, gather and present proof of entitlement, and negotiate with opposing claimants or the clerk’s office.

Helpful Hints

• Before opening probate, call the clerk of the court that conducted the sale — clerks can often tell you whether surplus exists and what evidence they will accept to release it.
• Collect a certified copy of the death certificate early — courts and clerks almost always require it.
• Check the property’s title history at the county recorder’s office to confirm ownership at the time of the sale.
• If the decedent left a will, look for a named personal representative; that person often handles claims against sale proceeds.
• Consider summary administration (Chapter 735) if estate assets are small or eligible — it can avoid the time and cost of full probate. See: Fla. Stat. Ch. 735.
• Document communications with the clerk, opposing parties, and any claimant — keep a paper trail of requests and responses.
• If you proceed without an attorney, follow local court rules closely when filing a motion or claim for surplus proceeds; missing a procedural requirement can force probate later.