Tax Overbids and Excess Proceeds

In by Long

We handle many Florida probate cases for claiming tax overbid or excess proceeds. But what are they exactly?

Overbids or excess proceeds usually refer to the excess “profit” on real estate that has been sold at a tax auction. The usual case is where a property owner has failed to pay the property taxes to the point where the taxes due are so delinquent that the county must take action. The county will auction off the real estate and every cent in excess of the actual tax liability (plus penalties and administrative costs) is considered the “overbid” or “excess proceeds” from the sale or auction.

The county must then notify the former property owner that the property has been auctioned off and that there was an overbid or excess proceeds due to that former property owner.

In many cases, the property owner has died, which is the very reason for the failure to pay the taxes and as such, the tax delinquency. If indeed the former property owner has died, then his or her heirs are entitled to inherit the excess proceeds.

This is where probate comes in. Even if the property owner was not a Florida resident, he or she has indeed left a “Florida estate” and the estate must go through the probate process before the heirs can receive the inheritance.

We realize this is a lot of information. Call us or schedule your Free Case Review today if you believe you need probate for tax overbids or excess proceeds.