Fulton County Excess Funds: Find Out If You’re Owed Money After a Tax Sale.

Is the County Holding Money That Belongs to You?

If your Fulton County property was sold at a tax sale for more than the taxes you owed, the leftover money — called excess funds — doesn’t go to the county. It belongs to you.

Every month, Fulton County’s tax sale generates winning bids that are higher than the back taxes, penalties, and fees owed on the property. That difference is real money, and Georgia law says it belongs to the former owner first — not the county, and not the winning bidder. But the county isn’t required to track you down and hand you a check. It publishes a notice and waits. If you moved, if the mail went to the wrong address, or if you simply didn’t know to look, that money can sit unclaimed for years.

We help Fulton County landowners find out whether they’re owed excess funds, understand the claim process, and — if the property is gone but you’re dealing with other land, back taxes, or an estate situation — figure out what to do next.

Think you might be owed money? Call (404) 913-7086 or contact us today!

What Are “Excess Funds,” Exactly?

When a property goes to a Fulton County tax sale, the Sheriff’s Office auctions it to the highest bidder. The opening bid has to cover the delinquent taxes, penalties, interest, and costs of the sale — but bidding often goes higher than that minimum, especially on desirable land. The amount above what was actually owed is the excess funds (also called overage or surplus funds).

Under Georgia law (O.C.G.A. § 48-4-5), that excess belongs to the people with a legal interest in the property as of the sale date — typically:

• The former owner (you, if this was your land)
• Heirs, if the former owner has passed away
• Mortgage holders, lienholders, or judgment creditors with a recorded interest, in order of priority

If there’s money left after everyone with a documented claim is paid, it comes back to the former owner. The county keeps none of it beyond what was actually owed.

How Do I Know If I’m Owed Excess Funds?

You may have excess funds waiting if:

• A property you owned (or inherited, or co-owned) went to a Fulton County tax sale in the last several years
• You’re not sure how much the property sold for at auction versus what was owed in back taxes
• You received a notice at some point about a tax sale but never followed up
• A family member passed away owning land that may have gone delinquent and been sold

The only way to know for certain is to check the Fulton County Tax Commissioner’s excess funds list and the Sheriff’s Office sale records for the specific parcel. We can do that search for you and tell you honestly whether there’s anything to pursue — whether or not you decide to work with us further.

How the Claims Process Works

Claiming excess funds in Fulton County isn’t as simple as calling and asking for a check. The Sheriff’s Office (which conducts the tax sales) requires documented proof of your legal interest before releasing funds. At minimum, that typically includes:

• A notarized Excess Funds Affidavit, completed by the claimant
• A notarized Indemnification and Hold Harmless Agreement
• A copy of photo identification for each claimant
• A 50-year title certificate showing your ownership interest and any recorded liens or security deeds as of the sale date
• If you’re claiming as an heir or estate representative: probate documentation, letters of administration or testamentary, and proof of the chain of title

Completed packets go to:

Fulton County Sheriff’s Office 185 Central Ave., 9th Floor Atlanta, GA 30303 Attention: Property Tax

If more than one party has a claim to the same funds — for example, a former owner and a mortgage lender both file — the county can require the matter to go through an interpleader action in court, where a judge decides who gets paid and in what order. This is where most people get stuck: the paperwork is technical, the title work is not optional, and a competing claim can tie up funds for months.

Don’t Wait — There’s a Deadline

Georgia law gives claimants five years from the date of the tax sale to file for excess funds (O.C.G.A. § 48-4-5(c)). After that, unclaimed funds are turned over to the Georgia Department of Revenue’s Unclaimed Property Division, which makes recovering them harder, not impossible.

Practically, waiting even a few months can cost you:

• Documentation gets harder to gather the longer it’s been (old deeds, closed estates, moved family members)
• Other claimants — lenders, judgment holders, other heirs — can file first
• Courts tend to view delay unfavorably when there are competing claims

If you think you might be owed money, the right time to check is now, not “eventually.”

What If the Land Sold for Less Than What You Owed?

If your property’s tax sale didn’t generate excess funds — meaning the winning bid only covered (or didn’t fully cover) the back taxes and costs — there’s nothing to claim on that parcel. But if you’re dealing with other land in Fulton County that’s behind on taxes, heading toward a sale, or just something you inherited and don’t want to manage, that’s exactly the kind of situation we help with directly. See our tax-delinquent land page for your options before a sale happens.

Frequently Asked Questions

Do I need a lawyer to claim excess funds? Not always. If you’re the sole former owner, there are no competing liens, and the documentation is straightforward, some people complete the process themselves. If there are multiple heirs, an old mortgage that may or may not have been satisfied, or any other claimant in the picture, an attorney experienced in Fulton County excess funds claims is usually worth the cost — competing claims are common and the county isn’t going to sort it out in your favor for you.

How much money are we talking about? It varies enormously by property — anywhere from a few hundred dollars to tens of thousands, depending on the parcel and how competitive the bidding was. You won’t know until you check the specific sale record.

What if the owner has passed away? Heirs can claim excess funds, but the documentation requirements are more involved — probate records, letters testamentary or administration, and proof of the chain of title from the deceased owner to you. This is one of the more common situations where getting help pays for itself.

Is this the same as a tax lien or tax deed investor buying my debt? No. Excess funds only exist after a completed tax sale, and they’re money owed to you, not a debt someone is buying. This has nothing to do with tax lien investing.

What if I’m not sure whether my property even went to a tax sale? That’s common, especially for inherited or out-of-state land. Tell us the property address or parcel details and we’ll check the Fulton County sale and excess funds records for you.

Can you just get the money for me? We’re not attorneys and we don’t file excess funds claims on your behalf. What we do is help you figure out whether funds exist, point you to the right process and documentation, and — if it makes sense — refer you to an attorney for complex or contested claims. If you also have other land you’re trying to deal with, we can make you a cash offer on that separately.

Not Sure Where to Start? We’ll Check For You.

Whether you’re trying to find out if you’re owed excess funds, trying to stop an upcoming tax sale on a different property, or you’ve inherited land you don’t know what to do with, tell us your situation and we’ll give you honest, no-obligation answers.

Call (404) 913-7086 or request help online.

Official Resources

• Fulton County Sheriff’s Office — Tax Sales & Excess Funds Procedure
• Fulton County Tax Commissioner
• Georgia Department of Revenue — Unclaimed Property Division