By Jynell D. Berkshire · September 2, 2026
What a tax sale overage is
If a county sells a property for delinquent taxes and the winning bid exceeds the taxes, penalties, and costs, the difference is an overage. Most states hold that money for the former owner for a limited period, after which it escheats to the county or state.
Step 1: Confirm funds exist
Ask the county treasurer, auditor, or clerk of court for the sale surplus report for the parcel and sale date.
Step 2: Prove who owns the claim
Deeds, probate orders, divorce decrees, and lien releases all matter. Heirs usually need an estate opened or an affidavit of heirship, depending on the state.
Step 3: File and give notice
File the claim or petition, serve every party with a recorded interest, and be ready for a hearing if anyone objects.
Step 4: Watch the deadline
Some states allow only one year from the sale. Waiting for a notice letter is the most common way owners lose the money.
This article is general information, not legal advice. Contact Berkshire Law Group about your property.