Hello,
Thankfully the process to claim excess funds is fairly simple. All you have to do is prove that you and your sister were the rightful owners or heirs to your father's Estate (which it sounds like you've done since you are Administrators of his Estate), and file a Petition with the Court. The Petition should include the legal description of the property (as much as possible), that you and your sisters were the previous owners/heirs of your father's Estate, that all delinquent taxes, interest, etc. were paid (which they almost certainly were since the it was a county sale for delinquent taxes), and how much each of you should get from the excess funds.
You should be able to use the template at the following link as a good base, but obviously you will have to change and/or verify that all of it is accurate: https://co.jefferson.tx.us/dclerk/MOTION_TO_RELEASE_EXCESS_PROCEEDS_FORM.pdf.
A lawyer can help you determine if everything is correct if you are uncertain, but in many cases it's a straightforward and simple process to get the excess funds released with a 5-10min hearing.
Best,James M. RingelAttorney at Law
Answered on Apr 03rd, 2023 at 7:57 AM