Assignment of excess funds in Fulton Co. GA?Once I have a properly executed Assignment of Interest in Excess Funds agreement, would I then apply for excess funds as the "Owner of The Property"?Here are instructions from the Sheriff's Department:http://www.fultonsheriff.org/files/94791112.pdf
Response 1: Unfortunately, no. The legal owners of the property must apply for the excess funds.
As to #4, the Sheriff would like a "50 year title certificate showing claimant’s ownership interest and all security deeds or other equity interests or claims of record as of the date of the tax sale." From what I believe I understand, the excess funds (as well as the subject property) belong to the estate of the deceased owner. The decedent died intestate nearly three years ago, has no debts, the property is the only asset, is free and clear, and the heirs agree on an equal split of the estate. We planned to file either an Heirship Affidavit or Petition Declaring no Administration Necessary. Which would you recommend to satisfy this requirement?
Response 2: Petition Declaring no Administration Necessary. It is more detailed and leaves no doubt as to the property of the estate and the beneficiaries of the estate. Also requires an action by the Court.
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