In Texas, claim it yourself for free. Texas law does not let anyone who is not a lawyer charge a fee to recover excess proceeds for an owner, so we do not offer a paid service in Texas. This guide is free.
The deadline: 2 years from the sale
File a petition claiming the excess proceeds in the court that ordered the sale, before the second anniversary of the sale date. You can file it under the same case number as the tax suit; it does not need to be a new lawsuit.
Source: Texas Tax Code § 34.04(a).
Who can claim, and in what order
At a hearing, the court pays the money in this order:
- a buyer whose purchase was later ruled void;
- taxing units, for taxes that came due after the judgment or were left out of it by mistake;
- other lienholders, by the usual lien priorities;
- taxing units, for amounts in the judgment the sale did not cover;
- the former owners. That means an owner who was a defendant in the tax suit, a relative of that owner within the third degree, or someone who inherited that owner's interest by will or without a will.
Serve a copy of the petition on every party to the tax suit at least 20 days before the hearing. No interest is paid on the money.
Source: Texas Tax Code § 34.04(b)–(d).
How to check and claim
- Check the district clerk's excess funds list. Dallas County's District Clerk publishes one monthly, and our free lookup searches it.
- Note the case number, and read the case file to see the judgment and who the defendants were.
- File your petition in that case, serve the other parties, and attend the hearing.
Protections against claim buyers
- Nobody may buy your claim until 36 days after the money is deposited with the court. They must then pay you at least 80% of it the same day, in a signed, sworn document, and may not have solicited you in person or by phone.
- A lawyer's fee is capped at 25% of the amount or $1,000, whichever is less. Anyone who is not a lawyer may not charge you a fee at all.
Source: Texas Tax Code § 34.04(f)–(j). Last checked 2026-10-23 against the text of § 34.04.