Can Heirs or Estate Representatives Claim Surplus Funds?
Yes. If the record owner died before or after the sheriff’s sale, the estate (or its heirs) inherits the right to surplus funds under N.J.S.A. 3B:1‑3 and Court Rule 4:64‑3.
Who May File the Motion?
- Executor named in a probated will.
- Administrator ad prosequendum appointed by the Surrogate when no will exists.
- Sole heir under intestacy (if all other heirs sign renunciations).
Required Documents
- Certified death certificate.
- Surrogate’s short certificate (letters testamentary or letters of administration).
- Affidavit specifying the decedent’s ownership and any other potential heirs.
Timeframe and Tax Clearance
If estate tax waivers are needed, expect an extra 2 – 3 weeks. Otherwise the timeline mirrors a standard claim—about 90 – 120 days.
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