Surplus Funds: Streamlined vs Court-Involved Matters

Typical features of a streamlined matter may include:

• Recorded owner is living and readily identified
• Ownership is clear and uncontested
• Probate or court authorization is not required
• Applicable county procedures permit direct filing of surplus funds claims

What to expect with streamlined matters:

• Potentially shorter timelines
• Less documentation required
• No court filings in many counties

⚠️ Eligibility is determined by county rules and case details. No outcome is guaranteed.

Some surplus matters require formal legal involvement before funds can be released.

Examples include situations where:

• The recorded owner is deceased
• Multiple heirs or potential claimants exist
• Legal authority (such as appointment of a personal representative or executor) is needed
• Local rules or court procedures require probate documentation or court orders to release funds

In these situations, surplus recovery may involve:

• Probate, estate administration, or similar legal proceedings
• Court filings and approvals
• Documentation verifying legal authority to act on behalf of the estate

Probate is the legal process by which a court confirms an estate’s representative and validates authority to handle assets, including surplus funds when applicable.

Court-involved matters typically involve:

• Longer timelines
• More documentation
• Potential hearings and court oversight
• Attorney involvement in legal filings

Important: Only a licensed attorney can determine whether a legal proceeding like probate is required in a specific matter.