Illinois · money left over after a tax-deed sale

You can claim it yourself, for free

Who holds it

County treasurer: holds surplus from judicial tax deed auctions and acts as trustee of the county surplus equity fund

How long

Auction surplus: claim within 3 years of the treasurer's notice. Surplus equity award: petition within 2 years after the tax deed is recorded. For deeds recorded in the 2 years before July 10, 2026, the deadline is July 10, 2028.

How you claim

If the property sold at a county tax deed auction, file a claim with the county treasurer or the circuit court after the treasurer's notice. Otherwise, petition the circuit court that ordered the tax deed for a surplus equity award, naming the county treasurer (as trustee of the fund) as defendant.

If someone offers to do it for you

Fee limits: Not researched yet — ask the clerk.
You never need to pay anyone to file.

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

Who holds it: County treasurer: holds surplus from judicial tax deed auctions and acts as trustee of the county surplus equity fund

How long: Auction surplus: claim within 3 years of the treasurer's notice. Surplus equity award: petition within 2 years after the tax deed is recorded. For deeds recorded in the 2 years before July 10, 2026, the deadline is July 10, 2028.

How you claim: If the property sold at a county tax deed auction, file a claim with the county treasurer or the circuit court after the treasurer's notice. Otherwise, petition the circuit court that ordered the tax deed for a surplus equity award, naming the county treasurer (as trustee of the fund) as defendant.

Your deadline: ____________ (confirm it with the clerk)

Steps

Find the county and tax deed case number.
Auction sale: watch for the county treasurer's surplus notice, sent within 60 days after the money is deposited.
File your claim with the county treasurer or the circuit court within 3 years of that notice.
No auction surplus: file a surplus equity petition in the circuit court that issued the deed, within 2 years of deed recording.
If the treasurer can't tell who is entitled, the court holds a hearing.

Documents

Evidence that you owned the property at the time of the sale or tax deed

What it costs you

Not researched yet — ask the clerk

If someone offers to do it for you

Fee limits: Not researched yet — ask the clerk.
You never need to pay anyone to file.

Official links

Public Act 104-0553 (effective July 10, 2026): https://www.ilga.gov/Legislation/PublicActs/View/104-0553
HB 4537 bill status and synopsis: https://www.ilga.gov/ftp/legislation/104/BillStatus/HTML/10400HB4537.html

Source: 35 ILCS 200/22-42; 35 ILCS 200/21-302; 35 ILCS 200/21-296; 35 ILCS 200/21-305; 35 ILCS 200/22-40(a),(g); 35 ILCS 200/22-42(b),(c); 35 ILCS 200/22-42(f),(h); 35 ILCS 200/22-42(i),(j); 35 ILCS 200/22-42(k),(l); 35 ILCS 200/21-90(e); 35 ILCS 200/21-296, 21-301; 35 ILCS 200/21-302(c); 35 ILCS 200/21-302(d), 21-305(e); 765 ILCS 940/5, 940/30(9). Researched, not yet checked by a lawyer; confirm with the clerk. Not legal advice.