Short answer

When a property owner in Ohio dies without a will, any surplus proceeds from a forced sale or sheriff’s sale become part of the decedent’s estate. The probate court (through a personal representative or administrator) collects those funds, pays valid creditors and liens, and then distributes the remaining balance to heirs according to Ohio’s intestacy rules. If the decedent has no spouse, children, or parents, siblings may inherit under Ohio law.

Detailed Answer — how the process usually works in Ohio

1. What are surplus proceeds?

Surplus proceeds are the money left after a property sells at a foreclosure or sheriff’s sale and all secured liens, court costs, and sale expenses are paid. That leftover money does not automatically go to the buyer or the mortgage holder; it belongs to the property owner (or that owner’s estate).

2. Who controls the surplus when the owner dies intestate?

If the owner dies without a will, the surplus becomes an asset of the decedent’s estate. The probate court will appoint an administrator if no executor exists. The administrator’s job is to collect estate assets (including surplus proceeds), pay debts and taxes, and distribute what remains to lawful heirs under Ohio’s intestacy laws (see Ohio Revised Code, Chapter 2105: https://codes.ohio.gov/ohio-revised-code/chapter/2105).

3. How do siblings fit into Ohio’s order of inheritance?

Ohio’s intestacy rules set a hierarchy for who inherits. The most common priorities are spouse and descendants (children). If the decedent has no surviving spouse or descendants, the estate passes to surviving parents. If there are no surviving parents, then siblings (and descendants of deceased siblings) are next in line. If siblings are the heirs, they share the estate according to the degrees of kinship established by the statute. See Ohio Revised Code Chapter 2105 for the specific order of descent: https://codes.ohio.gov/ohio-revised-code/chapter/2105.

4. Steps the administrator (or an heir) will typically follow

1. Open probate in the county where the decedent lived so the court can appoint an administrator if one is needed.
2. Identify and collect all estate assets — including any surplus funds from a sheriff’s sale or foreclosure. (Procedures for sales and distributions from execution are governed by statutes in Chapter 2329: https://codes.ohio.gov/ohio-revised-code/chapter/2329.)
3. Give notice to creditors and pay valid claims and costs of administration.
4. File an accounting with the probate court and ask the court to approve a proposed distribution to heirs under Ohio’s intestate succession rules.
5. Distribute the remaining funds to the heirs named by the court’s order.

5. What if the surplus is being held by a sheriff or mortgage holder and no probate is open?

If no probate has been opened, the sheriff or holder that keeps the funds will usually require a claim and proof of right to the money. The claimant will typically need a certified death certificate, proof of relationship (such as a birth certificate or family records), and a court order appointing an administrator or a court determination of heirs. To access the funds efficiently, an heir should open probate or ask the county probate court how the sheriff prefers claims to be made.

6. What if siblings disagree about the money?

If siblings cannot agree on who should receive the funds or how to divide them, the probate court resolves the dispute. Disputes commonly involve whether other heirs exist (for example, half-siblings or descendants of predeceased siblings), whether debts reduce the surplus, or whether the administrator properly accounted for the funds. The court may order an accounting, mediation, or a hearing.

7. Time limits and practical considerations

• Act promptly. Estate administration and creditor claim deadlines vary. Prompt action protects heir rights.
• Keep records. Maintain documentation of the sheriff sale, any notices you receive, and all communications about the surplus funds.
• Follow court directions. The probate court supervises distribution; do not accept or divide funds outside court approval unless the administrator has authority and all heirs consent and the court allows it.

8. Where to look in Ohio law

Key statutory resources include Ohio’s intestacy chapter (Ohio Rev. Code Chapter 2105) for who inherits (https://codes.ohio.gov/ohio-revised-code/chapter/2105) and the statutes that govern execution and distribution after sales (Ohio Rev. Code Chapter 2329: https://codes.ohio.gov/ohio-revised-code/chapter/2329).

Helpful Hints

• Open probate early. If you are an heir or potential administrator, contact the probate court in the county where the decedent lived to learn the next steps.
• Gather documents: certified death certificate, the decedent’s title documents, mortgage and lien information, proof of family relationships, and any notices about sales or surplus funds.
• Ask the sheriff’s office or sale clerk which office holds surplus funds and what proof they require to release funds.
• Confirm heirs: Determine whether the decedent left a spouse, children, or parents before assuming siblings inherit. Ohio law follows a strict order of priority.
• Expect an accounting. Administrators must account for all receipts and disbursements — keep careful records.
• If a quick solution is needed, ask the probate court about simplified procedures (small estate or summary administration) that may apply in lower-value estates.
• When in doubt, consult a probate attorney to ensure you follow court rules and statutory deadlines. An attorney can help with filing, claiming surplus funds, and resolving sibling disputes.