Detailed Answer — What courts and counties expect when you file a surplus funds claim in Idaho

When a property sells at a foreclosure or sheriff/trustee sale for more than the total of liens and costs, Idaho law and local practice allow an entitled person (often the former owner, junior lienholder, or an heir/beneficiary) to claim the surplus funds. The basic legal requirement is proof that you are the person entitled to the money. Counties, trustees, or courts will generally require reliable, verifiable, often certified or notarized documentation showing (1) your identity and (2) your legal interest in the property at the time of sale or in the proceeds.

Idaho does not have a single statewide administrative form used in every county for surplus claims; procedures can differ by county and by whether the sale was judicial or nonjudicial. For general statute access and related statutes on foreclosure and property, start at the Idaho Legislature statutes page: https://legislature.idaho.gov/statutesrules/. For court procedures, see the Idaho judicial site: https://isc.idaho.gov/.

Below is a practical list of the documents claimants most commonly must provide. The exact set will depend on your situation (individual owner, heir, trustee, business entity, or lienholder) and the county that holds the funds.

Core documents usually required

• Government-issued photo ID. Driver’s license, state ID, or passport for the person claiming funds.
• Proof of ownership at time of sale. A recorded deed showing you owned the property when the foreclosure was initiated or at the time of sale. If the deed is recorded, provide a certified copy from the county recorder.
• Chain of title or title report. Abstract of title or title report showing ownership history and liens; this helps prove who had the interest when the sale occurred.
• Foreclosure/sale documentation. A copy of the notice of sale, sheriff’s or trustee’s sale paperwork, and the sale record showing the surplus amount and sale date.
• Proof of lien or interest (if claiming as lienholder). Recorded mortgage, judgment, assignment of judgment or mortgage, or recorded lien that shows a legal interest entitled to surplus proceeds.
• Closing statement or payoff records. HUD-1/Closing Disclosure, payoff letters, or statement showing amounts owed and how much became surplus.

Common special-case documents

• If the owner is deceased: Certified death certificate plus probate documents (letters testamentary, letters of administration, or a court order naming the personal representative) OR a small estate affidavit if permitted by Idaho law and county practice.
• If property is held in a trust: Certificate of trust or trust instrument excerpts (many counties accept a certificate of trust plus a copy of the trustee’s ID). Some counties accept a notarized affidavit by the trustee plus recorded trust documents.
• If property is held by an LLC or corporation: Articles of organization/incorporation, current certificate of good standing from Idaho, and a corporate/LLC resolution authorizing the person to claim funds on the entity’s behalf.
• If your name changed: Certified copy of marriage certificate, divorce decree, or court order documenting a legal name change, to match recorded documents to current ID.
• If you are an heir or assign: Recorded deed transferring title to you, assignment documents, probate order, or an affidavit of heirship (counties treat affidavits differently; many require probate documents instead).
• Power of attorney: A valid, recorded power of attorney (or notarized POA) if you act for someone else — counties often require the POA to be specific for real estate or financial transactions and sometimes require recordation.

Formality: certified copies, notarization, and authentication

Expect to provide certified copies of recorded documents from the county recorder and notarized affidavits when applicable. Many counties will not accept plain photocopies without certification. If a document was recorded in a different county or state, get a certified copy from that recorder. If records are only available as digital certified copies, those are usually acceptable.

How to assemble and present your claim

1. Contact the county office holding the funds (often the county treasurer, county clerk, or the court clerk) and ask for that county’s surplus/overage claim procedure and any local forms.
2. Prepare a cover letter summarizing your claim: who you are, your interest in the property, the sale date, and the surplus amount.
3. Attach certified copies of recorded documents, ID, and any probate/trust/POA papers. Include signatures and notarizations as required by the county.
4. File or mail the claim per county instructions. For judicial sales, you may need to file a claim with the court and serve interested parties. For trustee sales, follow the trustee’s or county’s administrative process.
5. Be ready to submit additional proof or to attend a hearing if the county or court requests it.

Timing and competing claims

Counties and courts will prioritize competing claims: properly recorded liens and judgments often have priority over former owners. If multiple parties claim the same surplus, the county may require a court determination. File promptly. Delays can reduce your chance of recovery and may cause the county to move funds into unclaimed property or place them under court supervision.

When to consult an attorney

Consider an attorney if:

• There are competing claimants (multiple lienholders, heirs, or purchasers).
• The chain of title is unclear, or you need to reconstruct ownership at the time of sale.
• The county requires a court hearing or you must file a petition to determine distribution.
• You need help obtaining certified records, probate orders, or authenticated trust/POA documents.

An attorney can prepare a petition, represent you at a hearing, and help assemble legal documentation such as probate orders, assignments, or corporate authorizations.

Helpful Hints

• Start with the county recorder: request certified copies of deeds, mortgages, and recorded assignments for the property. This is the primary place to prove recorded ownership.
• Get certified copies rather than plain photocopies. Counties commonly reject uncertified documents.
• Match names carefully. If your name differs from the recorded name, bring certified name-change documents (marriage certificate, divorce decree, or court order).
• If the owner died, bring the certified death certificate plus probate letters or a court order appointing the personal representative; do not rely solely on unsigned affidavits unless the county accepts them.
• If representing a business, include a recent certificate of good standing and a corporate resolution naming you as the authorized representative.
• Keep originals safe; submit copies and certified copies as required. Originals are rarely required unless for inspection, but always retain them.
• Contact the county treasurer, county clerk, or court clerk to confirm their specific filing address, required copies, fee schedule, and whether an in-person appearance is necessary.
• Document every submission (keep proof of mailing, tracking, or a stamped-filed copy) in case of disputes or competing claims.
• When in doubt, consider a title company or attorney to perform a title search — it speeds locating recorded instruments and clarifies priorities.