Detailed answer — what you need to know and the steps to take

When a Nevada property is sold at a trustee’s (foreclosure) sale, sale proceeds first pay the costs of sale and liens in priority. If the sale brings in more money than all lienholders require, the remaining money (the “surplus” or “overage”) belongs to the trustor (borrower) or that person’s successors — typically heirs or the decedent’s estate. If the owner died and the estate was never opened in probate, heirs still have rights to the surplus, but claiming it requires documentation and often a court or trustee process to establish who is entitled.

1. Confirm whether there actually is surplus money and where it is held

• Obtain the trustee’s deed of sale and the trustee’s post-sale accounting (sometimes called a statement of sale proceeds). The trustee or trustee company that ran the sale can provide this.
• Check the sale price and compare it to the amounts owed (first deed of trust, junior liens, foreclosure costs). The trustee’s accounting should show whether there was a surplus and the amount.
• Find out whether the trustee already disbursed surplus proceeds to any known lienholder or deposited the surplus with the court or county. If proceeds were deposited into court or retained by the trustee, there will be a formal process for claiming them.

2. Identify the proper claimant(s)

If the decedent left a valid will, the will designates the executor and distributions; if there is no will, Nevada intestacy rules determine heirs. If no probate was opened, you will likely need to establish who the heirs are before the trustee or court will release funds.

3. Possible paths to recover surplus funds

Which path applies will depend on how much money is involved and how the trustee handled proceeds:

1. Claim directly from the trustee or trustee’s law firm

   If the trustee still holds the surplus, you can present documentation (death certificate, proof of heirship, ID, affidavit of heirship or heirship certificate) and ask the trustee to disburse proceeds to the rightful heirs. Trustees commonly require a court order, letters of administration, or a stipulated release from all claimants before releasing funds to individuals claiming by inheritance.

2. If the funds were deposited with the court

   Sometimes foreclosure trustees deposit surplus proceeds into the district court. In that case, you will need to file a motion or application with the court that received the funds asking for distribution to heirs/estate representatives. The local district court clerk can tell you where and how the funds were deposited and what paperwork is required.

3. Open probate (formal administration) or pursue a limited/simplified probate process

   If the estate has not been opened and the amount is significant, you may need to open probate to obtain letters of administration or letters testamentary. Those letters give a personal representative the authority to collect estate assets (including surplus proceeds) and distribute them according to the will or Nevada intestacy law. For modest amounts, Nevada offers simplified procedures in some situations (see “Helpful hints” below) that may let heirs obtain funds without full formal administration.

4. File a civil action / interpleader or petition for turnover

   If the trustee refuses to release funds and you cannot get a voluntary disbursement, a claimant may file an action in Nevada district court seeking a declaration of entitlement to the surplus or asking the court to order the trustee to pay the funds to the rightful heirs or estate representative. The court can resolve competing claims.

4. Documents and proof you will likely need

• Certified death certificate for the decedent.
• Copy of the recorded trustee’s deed of sale and trustee’s accounting of the sale proceeds.
• Proof of heirship: the decedent’s will (if any), beneficiary designations, signed affidavits of heirship, family tree, or other evidence showing relationships to the decedent.
• Government-issued photo ID for the claimant(s).
• If probate is opened: petition for letters, letters testamentary or letters of administration issued by the Nevada district court.
• Any written communications from the foreclosure trustee identifying disbursements or deposits.

5. Practical tips on timing and urgency

Act promptly. Although exact deadlines vary by circumstance, delays can allow competing claimants to appear or create practical obstacles. If the trustee already disbursed funds to a junior lienholder, recovering funds may require suing that party.

6. Where to get help

If the amount is small, unpaid, or heirs are in agreement, a local probate clerk or the trustee’s office may guide you through a streamlined process. If there are disputes among heirs, competing creditors, or difficulty getting the trustee to cooperate, consult a Nevada probate or real estate litigation attorney to protect your claim and to file necessary court papers.

Relevant Nevada law resources

Foreclosure procedures in Nevada are governed primarily by the Nevada Revised Statutes, chapter dealing with deeds of trust and trustee’s sales. See NRS Chapter 107 (mortgages, deeds of trust, and foreclosure-related provisions):
NRS Chapter 107 — Nevada Revised Statutes.

Probate and administration of decedents’ estates is governed by Nevada’s probate statutes and district court rules. See the Nevada Revised Statutes chapters on probate and estates for procedures to open an estate, appoint a personal representative, and obtain letters that authorize collection of estate assets:
Nevada Revised Statutes (searchable index).

7. Typical outcomes and costs

If you successfully prove heirship or are appointed personal representative, the court or trustee usually pays the surplus to the estate or directly to heirs. Expect reasonable administrative fees, court filing fees, and possibly attorney fees if litigation is required. If multiple heirs exist and are in agreement, the process is faster and less costly. If competing claims exist, expect litigation and higher costs.

8. Example (hypothetical)

Imagine a decedent owned a home that sold at a trustee’s sale for $200,000. The foreclosing lender’s lien and sale costs totaled $170,000. The trustee’s accounting shows a $30,000 surplus. The trustee still holds the $30,000 and the property owner died without probating an estate. The decedent’s adult children can gather the death certificate, an affidavit of heirship, and identification and present these to the trustee asking for distribution. If the trustee requires court authorization, the children can either open a probate and obtain letters of administration (if the estate has other assets or creditors) or, if eligible, use a simplified procedure to get authority to collect the $30,000. If a dispute arises over who is the rightful heir, the matter may go to district court to determine entitlement.

Important: The information above explains common Nevada procedures but is not a substitute for professional legal advice. An attorney can review the specific facts and court/record documents, tell you what filings are necessary, and represent you if there is a dispute.

Disclaimer: This is general information, not legal advice. For advice about your specific situation, consult a licensed Nevada attorney.

Helpful hints — practical checklist to claim foreclosure surplus in Nevada

• Start by contacting the trustee (or trustee’s firm) that conducted the sale and ask for the sale accounting and whether any surplus exists.
• Get certified copies of the decedent’s death certificate and any will immediately.
• Collect proof of relationship (birth certificates, marriage certificates) to prove heirship if there is no will.
• If the trustee requests a court order, check with the local district court clerk about where foreclosure surplus was deposited and the clerk’s procedure for claims and disbursements.
• Consider whether the Nevada simplified/small estate procedures apply; they may let heirs obtain assets without a full formal probate. (Clerk or an attorney can advise if you qualify.)
• If multiple heirs exist, try to get a signed written agreement allocating the surplus before seeking disbursement — trustees and courts favor agreed distributions.
• If a junior lienholder already received payment from the trustee, you may need to sue that party to recover any improperly disbursed surplus.
• If the amount is modest and there are no disputes, a probate attorney or even the court clerk may guide you through an inexpensive path to recovery.
• If the matter looks contested or complex, hire a Nevada probate or real estate litigation attorney to protect your rights and to handle filings in the district court.

For statutory text and procedural rules, consult the Nevada Revised Statutes at https://www.leg.state.nv.us/NRS/ and ask the district court clerk in the county where the property sat for local forms and practices.