Surplus funds recovery laws by state
Fee caps, waiting periods and registration rules for surplus funds (overage) recovery agents, with the statute for each state. Former owners can always claim on their own.
| State | Fee cap | Waiting period | Registration | Law |
|---|---|---|---|---|
| Alabama | None in 40-10-28 for county-held excess. For property held by the State Treasurer, finder compensation is capped at 10% (Ala. Code 35-12-93(e)), which does not reach county excess funds. | None for county excess. Under 35-12-93(a), owner agreements to locate abandoned property are void from the date it is presumed abandoned until 24 months after delivery to the Treasurer (applies only to state-held property). | None found. Counties may set extra requirements; Houston County, for example, allows indemnity agreements. | Ala. Code 40-10-28 (as amended by Act 2024-261, eff. Oct. 1, 2024); 40-10-197; 35-12-93 |
| Arizona | Trustee-sale excess: fee must be reasonable; fee over $2,500 (excluding attorney fees and filing/notice costs) presumed unreasonable and unenforceable unless court approves on application (33-812(P)). Tax excess-proceeds sale: no specific cap found (42-18236). | Recovery agreements entered before 30 days after the trustee sale (excluding sale date) are void (33-812(P)). After transfer to ADOR, Arizona unclaimed-property locator rules apply. verify | None in 33-812; agreement must be in writing, signed by claimant and notarized/acknowledged. | ARS 33-812(P); ARS 42-18204, 42-18236 |
| California | Tax sale (RTC 4675): no statutory percentage cap found in the current text (FindLaw/public.law, Jan 1 2025). Any assignment must disclose the amount of the excess and the value of the right being assigned. A 10% cap or an 'AB 2523' amendment could not be verified and appears not to exist. State-held unclaimed property (CCP 1582): investigator fee capped at 10%; agreements void within 24 months of escheat (from memory, this session). verify | Trustee sale: Civ. Code 2924.21, added by AB 295 (Ch. 142, Stats. 2024; urgency, effective 7/18/2024), says no person may contact, solicit or initiate communication with an owner to claim surplus from a foreclosure sale of the owner's residence before 90 days after the trustee's deed is recorded. Tax sale: no statutory waiting period found. | No surplus-specific license. Foreclosure consultant rules (Civ. 2945-2945.11) may reach paid surplus recovery tied to residences: registration with the AG/bond and a ban on taking assignments and on advance fees. How they apply to post-sale surplus is . verify | Cal. Rev. & Tax. Code 4675, 4676; Civ. Code 2924j, 2924k, 2924.21; Civ. Code 2945 et seq.; CCP 1582 |
| Colorado | While held by public trustee: any agreement to pay compensation to recover overbid is unenforceable; inducing one is a class 2 misdemeanor (38-38-111(2.5)(c)). After transfer to State Treasurer: 20% max if agreement made 2-3 years after transfer; 30% max if > 3 years (38-13-1304). Treasurer-deed overbid (HB24-1056): compensation agreements to recover owner's overbid from treasurer prohibited/unenforceable, class 2 misdemeanor. verify | No fee agreement during public trustee custody; finder agreement unenforceable unless made at least 2 years after transfer to State Treasurer (i.e., roughly 2.5 years after sale). | No finder registration in 38-13-1304; agreement must be written, signed by owner, describe property and sale date, services, and state owner may claim directly from State Treasurer free. | CRS 38-38-111(2.5), 38-13-1304; CRS 39-11.5 (HB24-1056) |
| Connecticut | No surplus-specific cap found. Once escheated: agreements to locate unclaimed property invalid if fee exceeds 10% of recoverable property (CGS 3-70a(c)(1)(B)). | Locator agreement invalid if entered within 2 years after the holder's report date (3-65a) (3-70a(c)(1)(B)); no waiting period found for court-held surplus. | None found | CGS 12-157(i); 49-27; 3-70a(c) |
| Florida | Foreclosure surplus assignment: total compensation to the transferee/assignee may not exceed 12% of the surplus (s. 45.033(3)). Once funds are with DFS: 30% cap on fees or purchase discount (s. 717.135). No statutory cap found specific to tax deed surplus held by the clerk. verify | None in s. 45.033. The assignment must be filed with the court within 60 days after the certificate of disbursements. DFS purchase agreements must pay the seller within 30 days. | No registration for court surplus claims under ch. 45. Claimant's representatives filing with DFS must be licensed/registered under ch. 717 (agreements must show license number; the department-adopted agreement form is mandatory). | Fla. Stat. 45.032, 45.033 (12% cap added by ch. 2018-71); 197.582; 197.473; 717.135 |
| Georgia | None in 48-4-5 (text current as of 2024 checked). After the funds pass to DOR Unclaimed Property, the locator fee is capped at 10%. verify | None for county-held excess. For property delivered to DOR, finder agreements are reportedly unenforceable for 24 months after delivery (, secondary source). verify | None for county excess. Counties often refuse third parties: Athens-Clarke accepts claims only from Georgia-licensed attorneys, and Chatham does not recognize asset-recovery firms or POA holders. DOR registers Claimant Designated Representatives. verify | O.C.G.A. 48-4-5; Disposition of Unclaimed Property Act, O.C.G.A. 44-12-190 et seq. |
| Idaho | None in 31-808. Unclaimed property finder limits under Idaho Code 14-5xx. verify | None found verify | None found verify | Idaho Code 31-808(2) |
| Indiana | Max 10% of the amount collected (cap does not apply if <= $50) - IC 6-1.1-24-7.5. | None stated in 7.5 (applies to agreements on/after May 1, 2010). Payment to contract holder requires court direction under 6-1.1-24-7(d). | None in 7.5. Separate unclaimed-property finder rules for state-held funds under IC 32-34-1.5 (Indiana RUUPA) - details . verify | IC 6-1.1-24-7; IC 6-1.1-24-7.5 |
| Iowa | State unclaimed property: max 15% of recoverable property (Iowa Code 556.11(2) and 556.2 for state-held warrants). | Agreements made within 24 months after payment/delivery to the treasurer are unenforceable (556.11). | Must be licensed as a private investigation business under Iowa Code ch. 80A to collect a finder fee (556.11). Attorneys under bona fide fee contracts exempt. | Iowa Code 556.11; 654.7 |
| Kansas | K.S.A. 58-3968(b): 15% of value of recoverable property (agreements made >24 months after delivery to Treasurer). | K.S.A. 58-3968(a): agreements made within 24 months after payment/delivery to Treasurer are unenforceable. | None in 58-3968; administrator may require copy of signed agreement before releasing info. | K.S.A. 79-2803, 79-2805, 58-3968 |
| Kentucky | None found in current KRS 393A (KY adopted RUUPA in 2018; KRS 393A.760 only lets owner designate an agent in a signed record). Former KRS 393.117 (10% cap) appears superseded - whether any cap survives. verify | Former KRS 393.117 voided fee terms for property held <24 months; current 393A has no equivalent located - . verify | No finder registration/licensing statute found - . verify | KRS 426.500, 426.510, 393A.040(9), 393A.760 |
| Maine | No surplus-specific cap. For funds held by the State Treasurer: agreements made >24 but <36 months after delivery capped at 15% (33 MRSA 2201(6)); unconscionable fees reducible by court (2201(4)). | Locator agreement void if entered between presumption of abandonment and 24 months after property is delivered to the administrator (33 MRSA 2201(1)); attorney filing a claim for identified property excepted. | None found | 36 MRSA 943-C; 14 MRSA 6324; 33 MRSA 2201 |
| Massachusetts | None found in c.60 s.64A or c.183 s.27 (- full Ch.140 text not retrievable; check for any assignment/agent clause). Unclaimed-property finder fee cap under c.200A: none known. verify | None found verify | None found verify | MGL c.60 s.1 (excess equity definition), s.64A; St. 2024 c.140 ss.80-99, 212 (retroactive claims), 250 (effective date); MGL c.183 s.27; c.200A |
| Michigan | No percentage fee cap found in MCL 211.78t text (FindLaw version current to 1/1/2025). whether any later amendment adds one. verify | None found in statute. | None specific to surplus finders found. | MCL 211.78t(11); MCL 211.78m; MCL 600.3252 |
| Minnesota | No finder/fee cap provisions in 282.005 or 580.10. State unclaimed property finder rules (ch. 345): . verify | None in 282.005; county cannot pay before 6-month claim period ends. | None found. | Minn. Stat. 282.005 (2024 c 127 art 70 s 4); 580.10 (am. 2025 c 35 art 10 s 4) |
| Mississippi | None found in 27-41-77 or 27-45-3. Mississippi unclaimed property finder rules do not reach county-held excess. verify | None found. | None found. | Miss. Code Ann. 27-41-77 (excess bid); 27-45-3 (redemption) |
| Missouri | State-held unclaimed property: <12 months after delivery to treasurer - unenforceable; 12-24 months max 10%; 24-36 months max 15%; 36+ months max 20% (RSMo 447.581). No specific cap for county-held tax-sale surplus. | 12 months after payment/delivery to State Treasurer (447.581). | Paid representatives must register with the State Treasurer before filing claims and recertify annually; unregistered claims invalid. | RSMo 447.581 (A.L. 2018 S.B. 644); RSMo 140.230 (A.L. 2018 S.B. 623) |
| Montana | — verify | — verify | — verify | MCA 15-18-219, 15-18-220, 15-18-221; MCA 70-9-801 et seq. |
| Nevada | NRS 361.610(11): a locate/recover agreement must be in writing and signed by the claimant. Where a natural person recovers excess from the sale of his or her primary residence, the fee may not exceed 10% of the total remaining excess due. For state-held unclaimed property, NRS 120A.740 caps fees at 10% if delivered less than 5 years before the agreement and 20% if 5 or more years. | Tax excess: none found in 361.610. Unclaimed property: an agreement is void if made between the abandonment date and 24 months after delivery to the Administrator (NRS 120A.740). | No statute registration requirement. NRS 120A.740 lets the Administrator adopt licensing or registration regulations (whether any were adopted). verify | NRS 361.610(4),(5),(11),(12); NRS 120A.740 |
| New Mexico | No percentage cap; 'unconscionable' compensation unenforceable except by owner, court may reduce (7-8A-25). 7-38-71 itself has no finder rule. | Locator agreements void from date property presumed abandoned until 48 months after it is paid/delivered to the administrator (7-8A-25); attorney agreements to file a claim on identified property excepted. Before abandonment (first 2 years with PTD), no statutory finder rule found. | None found. | NMSA 1978 7-38-71; 7-8A-25 |
| New York | 15% of value of recoverable property — but only for property held by the State Comptroller (APL 1416(4)). No statutory fee cap found for surplus still in court/county treasurer or in RPTL 1197 proceedings (courts review claims and may scrutinize assignments). | None in APL 1416 (no post-remittance waiting period in fetched text). None found for court-held surplus. | No registration requirement in APL 1416; agreement must be in Comptroller-prescribed form, in writing, signed by owner, notarized. | N.Y. Abandoned Property Law 1416 (finders, comptroller-held funds); APL 600 (court funds); RPAPL 1361; RPTL 1196-1197 |
| North Carolina | G.S. 116B-78(b)(6): for agreements covering property held by the Treasurer, lesser of $1,000 or 20% of value recovered; for heir agreements under G.S. 28A-22-11 to recover estate share or surplus funds in a special proceeding, 20% cap (per FindLaw text current to 1/1/2023). | G.S. 116B-78(a2)(1): agreement void if made from date property became distributable through 24 months after it is paid/delivered to the Treasurer (attorney agreements to file a claim/special proceeding for identified property excepted). Whether this bars contracts on clerk-held foreclosure surplus before remittance is (2009 S.L. 2009-312 drafts referenced 'Treasurer or the clerk of superior court'). verify | Finders must register annually with the Treasurer and, since Jan 1, 2022, hold a NC private investigator license (G.S. 116B-78.1 / Private Protective Services Board) - secondary source, against statute text. verify | G.S. 45-21.31, 45-21.32, 105-374(q), 116B-78, 116B-78.1, 28A-22-11 |
| North Dakota | N.D.C.C. 47-30.2-68: fee may not exceed 10% of amount recovered (property held by administrator). | N.D.C.C. 47-30.2-69: agreement void if entered from date property presumed abandoned until 24 months after payment/delivery to administrator (attorney agreements for identified property excepted). | 47-30.2-68(1): finder must comply with N.D.C.C. ch. 43-30 (private investigator licensing). | N.D.C.C. 57-28-20; 47-30.2-68; 47-30.2-69 |
| Ohio | For funds held by the state Division of Unclaimed Funds: max 10% of amount recovered and paid to owner (ORC 169.13(B)(1)). No specific cap found for county-held sheriff-sale excess funds. | 169.13(A): agreements entered within 2 years after the holder report is filed are invalid, and finder may not contact owner during that period. | Finder must hold a certificate of registration from the Director of Commerce (ORC 169.16); agreement must state certificate number and expiration. | ORC 169.13, 169.16 (state unclaimed funds); ORC 2329.44 (sheriff-sale excess) |
| Oregon | No Oregon finder fee cap found; the ungovr.org aggregator says Oregon does not restrict finder fees (against ORS ch. 98). OAR 141-040-0005 lets the state deduct up to 10% on its own claims, which is not a finder cap. verify | None found verify | None found verify | HB 2089 (2025), amending ORS 98.352, 279A.025, 312.040, 312.125 and adding new sections; ORS 86.794; ORS 275.275 governs distribution of county land-sale proceeds and is not amended by HB 2089 |
| Pennsylvania | 15% of property value, but only for unclaimed property held by PA Treasury (72 P.S. 1301.11a, per Treasury notices). No statutory cap found for funds still held by Tax Claim Bureau or sheriff. | None confirmed (24-month rule / not found). verify | Finders recovering Treasury-held property must register/obtain approval from Treasury (2014 Fiscal Code changes). SB 1201 (Culver) proposed tighter finder rules; status . verify | 72 P.S. 5860.205 (RETSL); 72 P.S. 1301.11a (unclaimed property finders); Pa.R.C.P. 3136 |
| South Carolina | None in statute (12-51-130). | None in statute; payment is available only after the 90-day post-deed period. | None in statute. Some counties give overage information only to the owner of record (Aiken). | S.C. Code 12-51-130 (also 12-51-90 redemption) |
| South Dakota | (SDCL 43-41B finder provisions not retrieved) verify | — verify | — verify | SDCL 10-25-39; SDCL ch. 43-41B |
| Tennessee | 67-5-2702 has no finder cap (court may allow reasonable fee to delinquent tax attorney/attorney ad litem). After transfer to Treasury: unclaimed-property locator fee cap reportedly 10% (third-party summary; against TCA 66-29). verify | None in 67-5-2702 (for 2023/2024 amendments). verify | TN Treasury: locators must be registered with the state; Private Investigation and Polygraph Commission has ruled locators must be licensed private investigators (applies to unclaimed property finder services). | TCA 67-5-2702; TCA 67-5-2504(d); TCA 66-29 (unclaimed property) |
| Texas | Attorney: lesser of 25% of amount obtained or $1,000. Non-attorney may NOT charge any fee to obtain excess proceeds for an owner (34.04(i)). Assignee recovery capped at 125% of what assignee paid the owner (34.04(j)). | Assignment only on or after the 36th day after proceeds are deposited in the court registry (34.04(f)). | None specific; non-attorney fee arrangements prohibited, so finders operate only as assignees (purchase) or via attorneys. | Tex. Tax Code 34.03, 34.04 |
| Utah | No percentage cap. Utah Code 67-4a-1302(3) makes 'unconscionable' compensation unenforceable except by the owner, and a court may reduce it. The claimed 59-2-1351.1 finder rules do not exist in that section. | Agreements made within 24 months after the property is delivered to the administrator are void (67-4a-1302(1)). This also covers tax excess, since it is unclaimed property. | None found verify | Utah Code 59-2-1351.1(7); 67-4a-1302; 57-1-29 |
| Virginia | None in 58.1-3967 text. Unclaimed property finder limits under VA Uniform Disposition of Unclaimed Property Act . verify | None found. | None found. | Va. Code 58.1-3967; 55.1-321 (trustee notice) |
| Washington | For property held by the state (DOR unclaimed property), RCW 63.30.790(2) makes any locate/recover agreement charging more than 5% of the value reasonably expected to be recovered unenforceable; attorney agreements are exempt. Old RCW 63.29.350 (5% cap) was repealed effective 1/1/2023 by 2022 c 225 and replaced by 63.30.780-.790, amended 2025 c 29. No fee cap was found for county tax excess or court-held trustee surplus. | None found in 63.30.780-.790 or in 61.24.080/84.64.080. | No finder registration found. verify | RCW 84.64.080(10); RCW 61.24.080(3); RCW 61.12.150; RCW 63.30.780, 63.30.790 (formerly 63.29.350) |
| West Virginia | None found. verify | None found. verify | None found. verify | W. Va. Code 11A-3-65 |
| Wisconsin | No surplus-finder cap found. State unclaimed property (ch. 177, RUUPA): cap and limits . verify | (RUUPA model: unenforceable within 24 months after delivery to administrator). verify | — verify | Wis. Stat. 75.36; ch. 177 (unclaimed property) - UNVERIFIED for finder terms |
Summaries, not legal advice; laws change — check the statute and the county before signing or filing.
Get law changes and new lists by email
We track state law changes and new county lists. Free.