Detailed Answer

Short answer: To file a surplus funds claim in South Dakota you must prove you are the rightful owner or authorized claimant. The most common documentation includes a certified deed or other recorded conveyance showing ownership, government-issued photo ID, and any documents that explain a claimant’s legal right to the funds (for example, letters testamentary, a trust instrument, a recorded assignment, or a power of attorney). If the claimant is an heir or personal representative after a death, you will generally need probate papers or a small‑estate affidavit in addition to the decedent’s death certificate.

What “surplus funds” are and why proof of ownership matters

After a sheriff’s sale, tax sale, or foreclosure sale, a sale can generate money that exceeds the outstanding liens and costs. That excess (surplus) belongs to the party with the superior legal claim (often the former owner, lienholder, or other party with recorded rights). Courts and county officials require proof to make sure the money goes to the correct person and to prevent fraud.

Common types of claims and the documentation usually required

• Individual owner (living): Certified copy of the deed or recorded conveyance showing ownership (extract from the county Register of Deeds), current government-issued photo ID (driver’s license or passport), and proof of address. If the recorded owner name differs from ID name, include a certified name‑change document (marriage certificate, court order).
• Heir(s) to a decedent (no probate opened): Death certificate, heirship affidavit or small‑estate affidavit (if allowed under SD law), and documents identifying heirs (birth certificates, family tree, or other proof). If the county or court requires formal probate, include letters of administration or letters testamentary issued by the court.
• Personal representative or executor: Certified letters testamentary or letters of administration issued by the South Dakota probate court, plus the decedent’s death certificate and a copy of the deed.
• Trust beneficiary or trustee: A certified copy of the trust instrument (or relevant excerpt) and a recorded assignment or trustee certification showing the trustee’s authority, plus photo ID. Some counties require a trustee’s affidavit or certification of trust rather than the entire trust document.
• Corporate or LLC claimant: Certified articles of incorporation/organization, a current certificate of good standing from the South Dakota Secretary of State (or home state if out‑of‑state entity), a corporate resolution or officer certification authorizing the claim, and photo ID for the authorized signer.
• Holder of an assignment or lien (assignee): Recorded assignment, original agreement, or court order assigning the right to the surplus, plus the assignor’s deed or instrument that established the original interest. Provide chain-of-title documents that demonstrate the assignment of the surplus entitlement.
• Power of attorney (POA) claimant: A valid, signed, and (where required) notarized power of attorney that specifically authorizes the agent to collect funds and act on behalf of the principal; photo IDs for both principal and agent; and the principal’s deed or ownership documents.

Format, certification, and recording requirements

Counties generally want certified (official) copies of recorded documents. Certified copies come from the county Register of Deeds (or Recorder) where the property is recorded. Probate papers should be certified copies from the clerk of the court. Death certificates must be certified (not photocopies). If documents are in another state, provide properly certified out‑of‑state copies.

Notarization: Many claim forms require notarized affidavits (for example, an affidavit of entitlement or identity). If you submit photocopies, attach a sworn affidavit and ask the clerk whether the county requires original or certified documents.

Practical checklist to assemble before filing

1. Obtain a certified copy of the deed or other recorded instrument from the county Register of Deeds where the property is recorded.
2. Get a certified death certificate if the owner is deceased.
3. Obtain probate documents if a personal representative has been appointed (letters testamentary/administration).
4. If claiming as a trustee, get a certified copy or trustee certification of the trust document showing trustee authority.
5. If claiming as an assignee or lienholder, gather recorded assignment documents and chain-of-title materials.
6. Have valid government-issued photo ID for the claimant and any agent signing on the claimant’s behalf.
7. Prepare any affidavits required by the county; notarize as needed.
8. Make and keep a complete copy set of everything you file, and get receipts or proof of filing.

Time limits and procedure considerations

Each county or court sets procedures and timelines for surplus claims after sales. Timelines can be strict: some surplus claims must be filed within a short period after the sale or after notice is published. Check the notice of sale, the sheriff’s or treasurer’s instructions, and local court rules. If you miss a deadline, you may lose the right to the funds or face additional steps to reopen the claim.

For statewide law and guidance consult the South Dakota Codified Laws and local county instructions. The state statutes and the county sheriff or register of deeds office provide the controlling rules for sale and disbursement procedures: https://sdlegislature.gov/Statutes/Codified_Laws/

When you need help from an attorney

Hire an attorney if ownership is disputed, if multiple heirs contest the claim, if the documentation is complex (trusts, corporate transfers, assignments), or if a deadline has passed. An attorney can prepare affidavits, file required motions, and represent you in court to resolve competing claims.

Disclaimer: This article is informational only and does not constitute legal advice. For advice about a specific situation, contact a licensed South Dakota attorney.

Helpful Hints

• Contact the county Register of Deeds and sheriff/treasurer early — they can list exactly what the county requires for a surplus claim.
• Order certified copies rather than photocopies; counties often reject uncertified documents.
• If the recorded name and your ID differ, bring certified proof of name change (marriage certificate, court order).
• When a property owner died, get a certified death certificate and ask whether the claim requires formal probate or will accept a small‑estate affidavit.
• If you act under POA, confirm the POA specifically authorizes collection of sale proceeds and whether the county requires a separate affidavit from the principal.
• Keep a clear chain of title. If the title history is messy, get a title abstract or a title company report to show the sequence of ownership and transfers.
• File early. Meeting filing deadlines avoids contested proceedings or court filings.
• Keep copies of everything and obtain proof of filing/receipt when you submit your claim.
• If multiple people might claim the surplus (heirs, lienholders), consider contacting an attorney before filing to avoid creating conflicts or having your claim rejected.