Claiming Surplus Funds After a Wyoming Tax Foreclosure Sale — What Heirs Need to Know | Wyoming Probate

Detailed Answer

This article explains, in plain language, how someone with an interest in a property can try to recover surplus funds after a county tax foreclosure sale in Wyoming. It assumes you start with no legal knowledge. This is general information only and not legal advice — consult a Wyoming lawyer for help with a particular case.

What are “surplus funds” after a tax sale?

When a county forecloses for unpaid property taxes and sells the property, the auction proceeds first pay the unpaid taxes, interest, penalties, and sale costs. If the sale brings in more money than those amounts, the extra money is called the “surplus” (or “overage”). Wyoming law provides a process for identifying and returning surplus funds to people who have a legal right to them (for example, the former record owner or other lienholders).

Step-by-step: How to seek surplus funds in Wyoming

Confirm whether a surplus exists and who is holding it.

Contact the county treasurer, county clerk, or sheriff in the county where the property is located. Ask for the tax-sale file and the accounting of the sale. The county office that handled the sale can tell you whether a surplus was generated and where the funds are being held (many counties hold surplus proceeds for a period or deposit them with the county).
Identify who may claim the surplus.

Typical claimants include the former record owner, heirs or beneficiaries if the owner is deceased, and other parties who held recorded liens that the sale did not fully satisfy. If the owner died before the sale, an heir or the personal representative of the estate usually must make the claim. You should be prepared to show your legal relationship to the owner (for example, a death certificate plus proof that you are a named beneficiary or next of kin).
Gather documents the county will require.

Common documents counties request include:
- Photo ID for the claimant;
- Proof of ownership or interest (deed, lien instrument, insurance policy, or court papers);
- If the owner is deceased: the death certificate and either letters testamentary, letters of administration, or other proof of appointment as personal representative; or, for small estates, a Wyoming small estate affidavit if the county accepts it;
- Affidavit of heirship or other documents proving familial relationship, if claiming as an heir;
- Any correspondence or receipts from the county about the tax sale.
Submit a written claim to the county.

Many counties require a written claim form or written request along with the supporting documents. Ask the county precisely what form they use and whether they require an original or certified copies. Keep copies of everything you submit and send materials in a trackable way if you mail them.
If the county refuses or the funds remain unclaimed, consider court intervention.

If the county declines your claim or if multiple parties claim the surplus, you may need to file a petition in the county district court asking the court to order distribution of the funds. In such a petition you will set out your relationship to the property or deceased owner and ask the court to award you the surplus. A court process can also resolve competing claims from other heirs or lienholders.
Consider probate or appointment documents if the owner died.

If the former owner is deceased and there is a probate estate open, the personal representative (executor or administrator) typically claims the surplus on behalf of the estate. If no probate exists and the estate is small, Wyoming offers small‑estate procedures that sometimes let heirs obtain property or funds without full probate; check with the county clerk or a lawyer whether you can use those procedures.
Watch for liens and priorities.

Other recorded liens (for example, federal tax liens, mortgages, or judgment liens) may have claims on the distribution. The county or court will determine priority and distribute funds accordingly. If you suspect other creditors will claim the surplus, getting legal help early will reduce the risk that you invest time and money but receive nothing.

Where to find the legal rules (Wyoming sources)

Wyoming statutes and county procedures govern tax sales, redemptions, and distribution of sale proceeds. For the statutory framework that governs collection of local taxes and tax sales, see the Wyoming statutes for taxation and tax collection (Title 39, including the chapter on collection of taxes). Visit the Wyoming Legislature website to read the statutes: Wyoming Statutes — Title 39, Chapter 13 (Collection of Local Taxes).

For probate and estate procedures (letters of administration, small‑estate options, and forms), consult the Wyoming Judicial Branch self-help/probate pages: Wyoming Courts — Self Help & Forms. County offices (treasurer, clerk, or sheriff) can explain local filing steps and any county-specific forms you must use.

Typical timeline and practical tips

Act quickly. Counties often keep records and funds for limited periods. Even if no strict deadline exists, delays make locating records and resolving competing claims harder.
Keep careful copies. Make and keep copies of death certificates, deeds, trust documents, probate papers, correspondence, and any county receipts.
Be ready to show authority. If you are not the record owner, counties will typically want proof that you have authority to claim funds for an estate or as an heir.
Expect possible disputes. If other heirs or lienholders exist, distribution can require court resolution.

When to get a lawyer

Consider hiring a Wyoming attorney if:

the county denies your claim and you need to petition the court;
multiple parties claim the surplus and you need help protecting your rights;
the estate is complex or there are unresolved lien priorities.

Helpful Hints

Call the county treasurer first. They often handle tax-sale records and can tell you whether surplus funds exist and how to claim them.
Bring or send a certified death certificate (if the owner is deceased) and proof of your relationship to the decedent.
If the estate is open in probate, ask for certified letters testamentary or letters of administration from the probate court — counties often require them to pay funds to a representative.
Ask the county what proof they accept for small‑estate claims; some counties accept a simple affidavit for small amounts.
Search unclaimed property databases. If counties turn unclaimed surplus over to the state, the funds may appear in Wyoming unclaimed property lists.
Document every phone call and in-person visit. Note the name, title, and contact information of the county employee you spoke with and the date/time.
Consult a local attorney if you hit a procedural roadblock, face competing claimants, or if the amount at stake justifies legal fees.

Disclaimer: This page provides general information about Wyoming procedures for claiming surplus funds from a tax foreclosure sale. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Wyoming attorney.