Texas · money left over after a tax-deed sale

You can claim it yourself, for free

Who holds it

Clerk of the court that ordered the tax sale, usually the district clerk. The money is kept in the court registry.

How long

2 years from the date of the sale. After that it goes to the taxing units.

How you claim

File a petition claiming the excess proceeds in the court that ordered the sale, before the 2nd anniversary of the sale. You can use the original tax suit's case number. Serve all parties at least 20 days before the hearing; the court then orders payment.

If someone offers to do it for you

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

Who holds it: Clerk of the court that ordered the tax sale, usually the district clerk. The money is kept in the court registry.

How long: 2 years from the date of the sale. After that it goes to the taxing units.

How you claim: File a petition claiming the excess proceeds in the court that ordered the sale, before the 2nd anniversary of the sale. You can use the original tax suit's case number. Serve all parties at least 20 days before the hearing; the court then orders payment.

Your deadline: ____________ (confirm it with the clerk)

Steps

  1. Watch for the clerk's notice. The clerk sends one within 31 days if the excess is over $25.
  2. Get the case number and amount from the district clerk.
  3. File a petition under Tax Code 34.04 before the 2-year deadline.
  4. Serve all parties and attend the hearing. The clerk releases money only on a judge-signed order.

Documents

What it costs you

Not researched yet — ask the clerk

If someone offers to do it for you

Official links

Source: Tex. Tax Code § 34.02; Tex. Tax Code § 34.03; Tex. Tax Code § 34.04; Tex. Tax Code §34.04(i); Tex. Tax Code §34.04(f); Tex. Tax Code §34.02(d); Tex. Tax Code §34.04(b); Tex. Tax Code §34.04(h); Tex. Tax Code §34.04(f)(1)-(8). Researched, not yet checked by a lawyer; confirm with the clerk. Not legal advice.