--- title: "How to Claim Surplus Funds in Georgia | E. Albert Law" description: "When a property is sold at a tax sale in Georgia due to unpaid property taxes, it can sometimes sell for more than the amount owed. Here is a clear breakdown of the process to claim those surplus funds." lang: en json-ld: | { "@context": "https://schema.org", "@type": "Article", "headline": "How to Claim Surplus Funds in Georgia", "description": "When a property is sold at a tax sale in Georgia due to unpaid property taxes, it can sometimes sell for more than the amount owed. Here is a clear breakdown of the process to claim those surplus funds.", "datePublished": "January 10, 2026", "author": { "@type": "Person", "name": "Esther Mesidor" }, "publisher": { "@type": "Organization", "name": "E. Albert Law" }, "image": "https://excessfundslawyer.com/images/blog/how-to-claim-tax-overages-in-georgia-social-share.png" } --- [![E. Albert Law](/assets/ea-law-logo-BW8YqpsI.png)](/) Georgia Lawyer [Atlanta Accident / Personal Injury Lawyer](/atlanta-personal-injury-lawyers)[Georgia Foreclosure Excess Proceeds Recovery Attorney](/surplus-funds-recovery) Surplus Funds [Former Homeowner](/georgia-homeowners-claim-for-surplus-money-after-foreclosure)[Third-Party Companies](/atlanta-lawyer-for-third-party-companies-fund-claims)[Other Interested Party](/georgia-other-interested-party-rights-to-excess-proceeds-claim)[Attorney for Foreclosure Probate Services](/atlanta-attorney-service-for-probate-owners-fund-claims)[Find a County List](/blog/georgia-county-surplus-funds-list) Atlanta Area [Atlanta](/atlanta-personal-injury-lawyers)[Buckhead](/buckhead-personal-injury-lawyer)[Decatur](/decatur-personal-injury-lawyer)[DeKalb County](/dekalb-county-personal-injury-lawyer)[Dunwoody](/dunwoody-personal-injury-lawyer)[Fulton County](/fulton-county-personal-injury-lawyer)[Mableton](/mableton-personal-injury-lawyer)[Sandy Springs](/sandy-springs-personal-injury-lawyer)[Smyrna](/smyrna-personal-injury-lawyer)[Stone Mountain](/stone-mountain-personal-injury-lawyer) Personal Injury [Back Injury](/atlanta-back-injury-lawyer)[Construction Accident](/atlanta-construction-accident-lawyers)[Dog Bite](/atlanta-dog-bite-lawyer)[Fall Accident](/atlanta-fall-accident-lawyer)[Industrial Accident](/atlanta-industrial-accident-attorney)[Neck Injury](/atlanta-neck-injury-attorneys)[Spinal Cord](/atlanta-spinal-cord-injury-attorney)[Warehouse](/atlanta-warehouse-accident-lawyer)[Whiplash](/atlanta-whiplash-injury-attorney)[Work](/atlanta-work-accident-lawyers)[Workplace](/atlanta-workplace-injury-attorneys) Georgia Attorney [Georgia Personal Injury Lawyer](/georgia-personal-injury-lawyer)[Georgia Car Accident Attorney](/georgia-car-accident-lawyer)[Georgia Truck Accident Attorney](/georgia-truck-accident-lawyer)[Georgia Motorcycle Accident Attorney](/georgia-motorcycle-accident-lawyer)[Georgia Bicycle Accident Attorney](/georgia-bicycle-accident-lawyer)[Georgia Pedestrian Accident Attorney](/georgia-pedestrian-accident-lawyer)[Georgia Slip & Fall Accident Attorney](/georgia-fall-accident-lawyer) Vehicle Accident [Car Accident](/atlanta-car-accident-lawyers)[Bicycle Accident](/atlanta-bicycle-accident-lawyers)[Motorcycle Accident](/atlanta-motorcycle-accident-lawyers)[Pedestrian Accident](/atlanta-pedestrian-accident-lawyers)[Truck Accident](/atlanta-truck-accident-lawyers)[Distracted Driving](/atlanta-distracted-driving-accident-attorney)[Drunk Driving](/atlanta-drunk-driving-accident-lawyer)[Hit and Run](/atlanta-hit-and-run-accident-lawyers)[Lyft](/atlanta-lyft-accident-lawyer)[Rideshare](/atlanta-rideshare-accident-lawyers)[Uber](/atlanta-uber-accident-attorney) EA Law [About](/about)[Blog](/blog)[Facebook Group](https://www.facebook.com/groups/surplusfundsgeorgia)[Contact the Attorney](/contact) [678-664-4878](tel:6786644878) [](tel:6786644878)[678-664-4878](tel:6786644878) # Filing a Georgia Excess Funds Claim January 10, 2026 6 min read ![how to claim surplus funds in georgia](/images/blog/how-to-claim-tax-overages-in-georgia.webp) When a property is sold at a tax sale in Georgia due to unpaid property taxes, it can sometimes sell for more than the amount owed. This surplus amount, known as tax overage or excess funds, may legally belong to the former property owner or their heirs. If you've lost property to a tax sale in Georgia, you might be entitled to claim those surplus funds. Here's a clear breakdown of the process. ## What Are Excess Funds? Tax overages arise when a Georgia county auctions a property to recover unpaid taxes and the winning bid exceeds the amount due. The difference between the final sale price and the tax debt (plus penalties, interest, and sale costs) is called the **overage** or **excess funds**. **Example:** If a home is sold at a tax sale for $50,000, but the back taxes and fees only total $8,000, there's a $42,000 overage potentially available to the rightful claimant. ## Who Can Claim Surplus Funds in Georgia? The following parties may have a legal right to claim excess funds: - The **former property owner** (at the time of the tax sale) - **Heirs** or **legal representatives** of a deceased former owner - Other parties with a valid **legal interest** (e.g., lienholders or mortgage companies) If multiple parties have claims, the court may determine how the funds are distributed. ## Step-by-Step Guide to Claiming Excess Proceeds in Georgia ### 1\. Confirm the Existence of Overages Contact the **tax commissioner's office** or the **clerk of court** in the county where the property was sold. Ask whether excess funds are being held from a specific tax sale. You'll need: - The property address - Parcel ID or tax ID number - Date of the tax sale (if known) ### 2\. Determine If You're the Rightful Claimant You must have a legal claim to the funds. If you're the former owner or heir, ensure you have proper documentation (e.g., ID, deed records, death certificates, wills, or probate orders). If you're claiming as an heir, you may need to open an **estate** in probate court before receiving funds. ### 3\. Submit a Claim to the County Each county has its own process, but in general, you'll need to: - Write a **formal request or petition** for the funds - Include documentation proving your identity and interest in the property - Possibly file a claim in **superior court** or submit a **petition for disbursement** Some counties have forms; others require you to draft a motion or petition yourself or [with the help of a lawyer](/). ### 4\. Attend a Court Hearing (If Required) In some cases, especially when multiple parties claim the funds, the court will schedule a hearing. You may need to present your case before a judge to establish your entitlement. An advisor who can flag [money fraud agent](/surplus-funds-recovery) schemes in Georgia tax sale cases may help, especially in disputed claims. ### 5\. Receive Disbursement of Funds Once the county (or court) approves your claim, a check for the surplus funds will be issued to you. Timing varies by county but may take several weeks or months. ## Important Georgia Laws to Know - **O.C.G.A. § 48-4-5** — Governs the distribution of excess tax sale funds - **O.C.G.A. § 48-4-1 through § 48-4-6** — Covers tax lien sales, redemptions, and surplus funds - **O.C.G.A. § 53-2-1** — Details inheritance rights for heirs, important in probate-related claims [Foreclosure Proceeds Fraud by Recovery Companies and Agents ](/blog/foreclosure-proceeds-fraud-by-recovery-companies-and-agents) ### Contact Us Today Please note: Our office does not respond to requests for excess funds lists. Please contact the county directly. Name \* Email \* Phone \* Message \* Send > > "The Lord God has told us what is right and what he demands: See that justice is done, let mercy be your first concern, and humbly obey your God." \- Micah 6:8 [![E. 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Albert Law, LLC. All rights reserved. Atlanta Personal Injury Attorney and Georgia Excess Funds Lawyer