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Utah Excess Funds: The 90-Day Clock and the 20% Fee Cap

Utah runs one of the cleaner tax deed processes in the country — a straight cash auction, minimum bid set to the taxes and costs owed, held once a property has been delinquent for roughly four to five years. When the winning bid comes in above that minimum, the county holds the difference as excess funds, and Utah's process for getting it back is comparatively fast and well-documented.

What the statute says, and what the counties add

The state law is short. Sale money above the delinquent taxes, tax notice charges, penalties, interest and administrative costs is treated as unclaimed property under Utah's Revised Uniform Unclaimed Property Act (Utah Code § 59-2-1351.1(7)). The statute doesn't set a county holding period or a claim form. Those come from each county.

Utah County holds excess funds for at least 90 days after the County Commission ratifies the sale. To claim them there, you petition the Fourth District Court, notify the county's Tax Administration Office, and bring back a signed court order. Money nobody claims then goes to the State Treasurer's Unclaimed Property Office, where it remains claimable — just through a different office. Salt Lake County returns excess funds to the former owner and sends them to the state unclaimed property division if the owner can't be reached within 90 days of the sale. Other counties set their own steps, so ask the county auditor that held the sale.

A county cap on what a finder can charge you

Utah County regulates the "excess funds recovery" industry in its own ordinance: an unlicensed "fee finder" — anyone who isn't a currently licensed attorney or CPA — may charge no more than 20% of the amount collected. That cap comes from the county, not from a state statute, so don't assume it applies to a sale in another Utah county. Either way, check the county's published excess funds list yourself before signing anything: a former owner who does five minutes of research can often find out whether they're owed money without paying anyone a cut at all.

For investors

Utah's clean process — clear minimum bid, no interest paid to the investor, no post-sale redemption — means excess funds are purely a former-owner-and-lienholder question once you've won the auction. The county's claim timeline is worth knowing if you're doing due diligence on a related parcel or tracking how quickly a county's tax sale backlog clears, but it doesn't touch your return as the winning bidder.

Is there money waiting? Utah County publishes an official list of unclaimed surplus from Utah tax sales. Open the official Utah list →

This article is general information, not financial or legal advice. Confirm current procedures and deadlines with the relevant Utah county auditor or treasurer. See our broader guide on surplus funds after a tax sale and the Utah state page for auction mechanics.