Delaware · money left over after a tax-deed sale

You can claim it yourself, no finder needed

Who holds it

The county Sheriff after a tax (monition) sale, then the Prothonotary of the Superior Court. For Kent and Sussex tax-collector sales, the excess is paid to the owner or deposited in a county bank in the owner's name.

How long

Not researched yet — ask the clerk

How you claim

Contact the county Sheriff's Office soon after the sale. Once the money passes to the Prothonotary, petition the Superior Court through Project Rightful Owner.

If someone offers to do it for you

Checklist: Delaware, money left over after a tax-deed sale

Who holds it: The county Sheriff after a tax (monition) sale, then the Prothonotary of the Superior Court. For Kent and Sussex tax-collector sales, the excess is paid to the owner or deposited in a county bank in the owner's name.

How long: Not researched yet — ask the clerk

How you claim: Contact the county Sheriff's Office soon after the sale. Once the money passes to the Prothonotary, petition the Superior Court through Project Rightful Owner.

Your deadline: ____________ (confirm it with the clerk)

Steps

  1. Ask the county Sheriff's Office whether your sale left excess proceeds.
  2. If moved to the Prothonotary, check the Project Rightful Owner list for your name, address and sale date.
  3. E-file a petition with the Superior Court (plus one paper copy), with your supporting documents and a recent title search.
  4. Serve the petition on other people with an interest and on lienholders.

Documents

What it costs you

$75 e-filing fee (waived if the proceeds are $1,000 or less). The court also requires a title search as of the sale date, prepared within 60 days, which it estimates at about $100.

If someone offers to do it for you

Official links

Source: 9 Del. C. § 8779; 9 Del. C. §§ 8721-8725; 9 Del. C. § 8729; 9 Del. C. § 8757; 9 Del. C. § 8758; 10 Del. C. § 4986. Researched, not yet checked by a lawyer; confirm with the clerk. Not legal advice.