State guides
Florida: claiming tax deed surplus
In Florida, when a property is sold at a tax deed sale over unpaid property taxes, any money left after the tax debt and sale costs are paid is surplus — and it’s held by the Clerk of the Circuit Court in the county where the property was located.
How it works
- The sale happens. The clerk auctions the property; proceeds pay the tax certificate holders, fees, and costs.
- Surplus is identified. Anything remaining is recorded as surplus funds held by the clerk.
- Notice goes out. The clerk notifies parties with an interest in the property, including the former owner of record.
- You file a claim. The former owner — or other eligible parties, such as lienholders — files a claim for the surplus with the clerk’s office, with proof of identity and ownership.
Who can claim
The former owner of record generally has the primary right to the surplus. Governmental lienholders and other lienholders may also file claims, and they’re typically paid in a legal order before the former owner receives what remains. If you’re the former owner, ask the clerk’s office whether any other claims have been filed — it affects what you may receive.
Timing matters here
Florida law sets filing windows for surplus claims, and they differ depending on the type of claimant. Missing the window can mean losing the right to claim through the clerk.
How to check
- Many Florida clerks publish surplus-funds reports online — look for a “tax deed surplus” page on the clerk’s website for your county.
- Search your name free on this site — we monitor selected Florida counties, including Lee County’s weekly surplus report.
- Or call the Clerk of the Circuit Court directly and ask whether surplus funds are held under your name.
What you’ll need
Typically: government photo ID, proof of Social Security number, and documents showing you owned the property (deed, settlement statement, or tax records). If the owner has passed away, heirs should ask the clerk what additional paperwork — such as a death certificate or probate documents — is required.
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