Detailed Answer

Short answer: To prove ownership when filing a surplus funds claim in Wisconsin you generally need: a government photo ID for the claimant, a recorded deed or other recorded title document showing ownership (or certified copies), and, if claiming as someone other than the recorded owner, additional documents showing your authority (probate letters, trust instrument or trustee certificate, power of attorney, corporate authority, heirship affidavit, or assignment). Counties and courts will usually require certified copies or originals, notarization, and often a signed claim form. Always check the specific county’s claim form and instructions and act promptly.

What are “surplus funds” and who can claim them?

Surplus funds (sometimes called overage or excess proceeds) arise when a property is sold at a tax sale or sheriff’s sale and the sale price exceeds the amounts owed (taxes, fees, foreclosing creditor obligations). Wisconsin law and local county procedures determine who may claim those funds and how claims are processed. For statutes on tax sales see Wisconsin Statutes, chapter 75: https://docs.legis.wisconsin.gov/statutes/statutes/75. For general guidance and rules for actions in court (including foreclosures), consult the Wisconsin statutes and county rules at the Wisconsin Legislature site: https://docs.legis.wisconsin.gov/statutes.

Core documents commonly required to prove ownership

• Recorded deed or certificate of title: A recorded warranty deed, quitclaim deed, or other recorded instrument showing the claimant as owner. Counties typically want a certified copy from the Register of Deeds.
• Government-issued photo ID: Driver’s license or passport for the person filing the claim.
• Surplus-claim form or petition: Many counties or courts have a standard claim form or require a written petition filed in the circuit court. Use the local form and follow filing instructions exactly.
• Proof of mailing/notice addresses: Contact information and any proof of prior address or interest when requested by the county or court.

Additional documents by claimant type (common scenarios)

The exact paperwork depends on who is making the claim. Typical categories and required documents include:

• Recorded owner (alive): Recorded deed/certified copy, photo ID, completed county claim form, notarized signature if required.
• Owner deceased — personal representative or executor: Death certificate (certified), Letters Testamentary or Letters of Administration (probate papers) showing authority to act (certified copies). See Wisconsin probate procedures for more details: https://docs.legis.wisconsin.gov/statutes. County may require the executor to file in circuit court before receiving funds.
• Heir or successor not appointed in probate: Certified death certificate, probate or small-estate documents (if available), an affidavit of heirship or court order establishing entitlement, and potentially a copy of the will if applicable. Courts often require a judicial determination for disputed heirship.
• Trust claim (trustee): Certificate of Trust or trustee’s affidavit, excerpts of the trust instrument showing trustee authority (some counties require the full trust or certified copy), and photo ID for the trustee.
• Agent under power of attorney (POA): Original or certified copy of the valid, signed POA showing authority to manage or receive funds for the property, along with an ID for the agent and a certified copy of any recording if the POA was recorded.
• Corporation, LLC, or other business entity: Articles of incorporation/organization, current certificate of good standing (if requested), a corporate resolution or officer’s certificate authorizing the individual who signs the claim, and government ID for the signer.
• Assignees or purchasers of the property interest: Recorded assignment or sale instrument transferring the owner’s interest, plus the owner’s recorded deed and ID for the claimant; assignments should be certified and, where necessary, recorded.
• Mortgagee or lienholder claiming a lien on excess proceeds: Recorded mortgage or lien, assignment of mortgage, payoff statements, and documentation showing the priority and amount of the lien you assert against the surplus.

Format, certification, and evidentiary tips

• Counties and courts commonly require certified copies of recorded documents from the Register of Deeds rather than photocopies. Get certified copies early.
• If a document was recorded in another county or state, obtain a certified copy from that jurisdiction’s recorder.
• Have documents notarized where required (affidavits, agent or trustee certificates, claim forms).
• Provide originals or certified copies of vital records (death certificates) and certified probate documents when claiming as an estate representative.
• Keep a complete copy of everything you file and get stamped copies back when filing with a court or county office.

Where to file, timing, and procedure

Procedures differ depending on whether the surplus is handled by a county treasurer, register in probate, or the circuit court after a foreclosure. Typical steps:

1. Identify who holds the funds — county treasurer, sheriff, or circuit court clerk. Contact that office for the county’s claim form and instructions.
2. Assemble certified copies and supporting documents described above.
3. Submit the claim to the specified office (some counties let you mail; others require in-person or court filing). Follow the county’s form and notarization rules exactly.
4. If multiple claimants appear or the county questions entitlement, the matter may proceed to a court hearing; be prepared with original documents and certified copies.

Deadlines: Timelines vary by county and by the statutory process (tax sale vs. foreclosure). Act promptly. If you expect competing claimants, file early and secure certified documentation to protect your position.

Hypothetical example to illustrate

Mary owned a house that was sold at a county tax sale; the sale produced surplus funds. Mary is alive and listed on the recorded deed. To claim the surplus Mary should submit: (1) the county surplus claim form; (2) a certified copy of the recorded warranty deed showing Mary as owner; (3) Mary’s government photo ID; and (4) any requested notarized signature. If Mary had died and her adult child Tom wanted the funds, Tom would need Mary’s certified death certificate plus probate Letters showing Tom’s appointment (or a court order or heirship affidavit if no probate was opened).

Helpful Hints

• Start at the county level: call the county treasurer, register of deeds, or circuit court clerk where the sale occurred and ask for the surplus-claim checklist and form.
• Use certified copies from the Register of Deeds for recorded instruments — counties prefer those over photocopies.
• If the owner is deceased, open a probate or obtain a court order early; many counties require official probate authority before releasing funds.
• For trust claims, bring a concise Certificate of Trust (if accepted) rather than the entire trust instrument when privacy is a concern; confirm the county will accept it.
• If multiple people claim the same funds, expect the county or the circuit court to require proof and possibly hold a hearing to resolve competing claims.
• Keep organized records: stamped filed copies, certified document copies, and written correspondence with county or court staff.
• If you are unsure which documents the county will accept, ask for the county’s written requirements and keep that as part of your file.
• Consider consulting a Wisconsin-licensed attorney when claims are contested, when large sums are involved, or when title/ownership is unclear.

Disclaimer: This article explains general Wisconsin practice and common documentation for surplus-funds claims. It is educational information only and not legal advice. For advice about your specific situation, consult a Wisconsin-licensed attorney or the county/court that holds the funds.