FAQ: Claiming Surplus Funds After a Tax Foreclosure Sale in Washington

Disclaimer: This information is educational only and is not legal advice. Laws change and every case turns on its facts. Consult a qualified Washington attorney if you need personalized legal help.

Detailed answer — what the surplus is and how to claim it

A “surplus” (also called an overage) is the money remaining after a county’s tax foreclosure sale or tax-title sale pays the delinquent taxes, interest, penalties, costs of sale, and any higher-priority liens. In Washington, surplus funds may belong to the former owner, the owner’s heirs or personal representative, or other lienholders with a superior claim.

Key steps to claim surplus funds in Washington:

1. Identify where the sale happened and who holds the funds. The county treasurer, county auditor, or the clerk of the Superior Court that handled the tax-title foreclosure will have the sale records and information about any surplus. Start by contacting the county office for the county where the property was located.
2. Get the sale documents and surplus amount. Ask for a copy of the foreclosure judgment (if judicial), the sheriff’s or auction sale report, and any certificate of sale or confirmation. These documents show the sale price, how proceeds were applied, and whether a surplus was deposited with the court or county.
3. Determine who has the legal right to the surplus. Typical claimants (in order of priority) include: lienholders with priority, the record owner at the time of sale (or that owner’s heirs or personal representative if the owner is deceased), and then other junior lienholders if they show entitlement. If the owner has died, the personal representative or heirs must prove their authority to collect funds.
4. Gather proof of your right to claim the funds. Common documents counties require include: proof of identity, recorded deed or title history, death certificate, will, letters testamentary or letters of administration (if there is a probate), an affidavit of heirship (where appropriate), or other documents establishing lien priority. Get certified copies where possible.
5. Complete the county’s claim form or file a claim in court. Many counties provide a specific surplus-claim form; others require a written application or a motion filed in Superior Court asking for distribution. Submit the required documents and have any necessary signatures notarized.
6. Be prepared for priority disputes. If more than one person or entity claims the surplus, the county or the court will resolve priorities. That could require a court proceeding where claimants present evidence. You may need a lawyer if there is a dispute.
7. Receive payment or court order for distribution. If the county or court finds you are entitled to all or part of the surplus, they will arrange payment. If the funds are held by the clerk, the court will issue an order directing distribution.

For the statutory framework governing tax-title foreclosures and distribution of sale proceeds, see Washington’s Tax Title chapter: RCW chapter 84.64.

Special situations: the owner died or there is no probate

If the owner of record has died, you generally must show you are the personal representative, an appointed administrator, or an heir entitled to receive the owner’s property. If the estate is in probate, the personal representative (executor or administrator) usually claims the surplus on the estate’s behalf. If there is no formal probate, some counties will accept an affidavit of heirship or a small-estate affidavit; rules vary by county and may require court approval.

Timing and deadlines

Act quickly. Counties differ on procedures and how long they hold surplus funds. The longer you wait, the more complicated the claim may become. If multiple claimants appear later, a court may need to resolve competing claims. Consult the county treasurer or clerk where the sale occurred for the exact procedural deadlines that apply to that county.

When you should consider an attorney

Consider hiring a Washington attorney if:

• the surplus claim is contested;
• you must present probate documents or prove heirship;
• the priority of liens is unclear; or
• you want help preparing court filings to compel distribution.

An attorney can prepare pleadings, appear in court, and help assemble the required documents to prove entitlement.

Helpful hints

• Contact the county treasurer, auditor, and the clerk of the Superior Court in the county where the property sat. These offices often work together but have different records.
• Request certified copies of sale documents and the foreclosure judgment (if any). Certified records strengthen your claim.
• If the owner died, get a certified copy of the death certificate and letters testamentary or administration from the probate court.
• Do not sign or accept offers from third parties who claim they can recover the surplus for a large fee without documenting their authority to act for you.
• Keep originals safe; provide only certified copies unless the office explicitly asks for an original.
• If you cannot locate the paperwork or the county says no surplus exists, ask for a written explanation and the sale accounting that shows how proceeds were applied.
• Record contact notes: date, name of county employee, and what they told you. These notes can help if a dispute happens later.
• Search the property’s transaction history at the county assessor’s or auditor’s web portal to confirm sale dates and parties involved.

Next practical steps

1. Identify the county of the former property and contact that county’s treasurer/auditor/clerk.
2. Ask whether surplus funds exist and where they are held (county or court).
3. Ask the county what documents they require to process a surplus claim and whether they have an online form.
4. Gather certified documents proving ownership, death, heirship, or appointment as personal representative.
5. If the claim is denied or contested, consult a Washington attorney experienced in real estate or probate matters.

For the basic statutory rules that govern tax-title foreclosures and distribution of sale proceeds in Washington, see RCW chapter 84.64. County procedures vary, so the county involved will control many of the practical steps.

If you want, provide the county name and whether the owner is deceased, and you own or represent the owner, and I can outline the more specific documents and county offices to contact next.