What the money is and who owns it

When a mortgage or lien holder forecloses and the sheriff or court sale produces more money than is needed to pay the judgment, the excess (called “surplus proceeds” or “overage”) belongs to the person or persons who held title to the property at the time of sale—usually the property owner or that owner’s estate. If the owner died before or during the foreclosure and their estate was never opened in probate, the surplus is still the decedent’s property and passes to the decedent’s heirs or beneficiaries under Ohio law.

Ohio probate and intestacy rules determine who the rightful recipients are. See Ohio Revised Code, Chapter 2113 (descent and distribution) and Chapter 2117 (administration of estates) for the statutory framework: https://codes.ohio.gov/ohio-revised-code/chapter-2113 and https://codes.ohio.gov/ohio-revised-code/chapter-2117.

Step-by-step: How to pursue the surplus in Ohio

1. Confirm whether surplus exists and who holds it.

   Contact the county sheriff’s office that handled the foreclosure sale and the county treasurer. Ask whether surplus proceeds were created, whether the sheriff has disbursed them, and what the county’s claim procedures are. Keep the foreclosure case number or property address handy.

2. Identify the legal owner and potential claimants.

   If title remained in your parent’s name, the surplus is part of the decedent’s personal property. If no probate administration occurred, heirs under Ohio’s intestacy rules are generally the proper claimants. You may need to prove heirship to claim the funds. See ORC Chapter 2113: https://codes.ohio.gov/ohio-revised-code/chapter-2113.

3. Gather documents the sheriff or treasurer will require.

   Common documents: death certificate; proof of your relationship (birth certificate, marriage certificate); photo ID; the decedent’s will if one exists; documents showing property ownership (deed, tax bill); and any correspondence from the sheriff about the sale. The sheriff or treasurer will tell you their specific checklist.

4. Determine whether you can use a simplified probate or must open formal administration.

   Ohio offers procedures for handling estates in a simplified way in some cases. If the estate has few assets or if the surplus is small, you may be able to use a simplified filing (for example, an application or affidavit) to obtain funds without full administration. If the estate has multiple creditors, title issues, or competing heirs, a formal probate administration in the local probate court may be required. See ORC Chapter 2117 on administration: https://codes.ohio.gov/ohio-revised-code/chapter-2117.

5. If simplified claim procedures are available, follow the sheriff’s or court’s form process.

   Some counties allow the sheriff to release surplus directly to claimants who present satisfactory proof of heirship or a court order. The office may provide a form or require a sworn affidavit of heirship. Follow local instructions closely and get receipts or written acknowledgment of any submission.

6. If the county requires a probate order, open the proper probate case.

   File an application for administration in the probate court where the decedent lived. The court can appoint an administrator (or admit a will and appoint an executor) and then direct the sheriff or treasurer to release surplus funds to the estate. This is the typical route when heirs cannot agree, the estate has debts, or the county will not release funds without a court order.

7. Seek court order for distribution if there are competing claims.

   If multiple people claim the funds or dispute heirship, the probate court can resolve ownership and issue an order for distribution. If you expect disputes, get legal help early.

8. Collect the funds and close the matter properly.

   Once the county releases funds, disburse them according to the probate court’s instructions or the decedent’s will and Ohio law. Retain records and proof of distribution in case of later creditor claims or audits.

Common complications and how to handle them

• Missing or unclear heirs: A probate court can order a search for heirs or permit an interested person to file an affidavit of heirship.
• County rules vary: Each sheriff/treasurer and probate court may have different forms and practices—call them early.
• Time limits and lien claims: Creditors and lienholders may have claims against the decedent’s assets. If another judgment creditor steps forward, handle through probate so priorities are resolved.
• Title problems: If the foreclosure sale or chain of title is contested, you may need litigation to clear title before distribution.

Where to find help in Ohio

Primary local contacts:

• County sheriff who conducted the sale (sheriff’s office website or phone).
• County treasurer (for funds deposited or held).
• Local probate court (for opening an estate, filing affidavits, or obtaining an order).

If matters are contested, complicated, or you prefer assistance with filings, consider hiring an attorney who handles probate and creditor/foreclosure issues. If cost is a concern, many Ohio counties have court facilitators or self-help resources listed on the probate court website.

Helpful Hints

• Act promptly—contact the sheriff and probate court as soon as you learn of the foreclosure sale.
• Keep originals and certified copies of the death certificate and proof of relationship or beneficiary status.
• Ask the sheriff for the exact forms and documentation they require for surplus claims; procedures differ by county.
• If the estate was never probated and you expect estate debts or disputes, open probate so distribution follows court-ordered priorities.
• Document all communications in writing and get receipt confirmations when you submit paperwork or accept funds.
• Search the decedent’s records for a will or beneficiary designations that might change who receives the surplus.
• When in doubt, consult a probate attorney—especially if there are multiple claimants, substantial funds, or title issues.