Best States for Tax Overages: Fee Rules, Deadlines, and Where You Can't Charge

People starting a tax overages business usually ask which state is "best." The honest answer is that the best state depends on how you plan to get paid, because the law decides that state by state. Below are the rules for the states we have checked against their statutes, what we have not verified, and how to judge a state yourself.

Three questions that decide a state

1. Can you charge, and how much? Some states cap the fee. Some bar non-attorneys from charging at all.
2. How long do owners have to claim? A longer window gives you time to find owners and heirs. A short one means you must move fast.
3. Are the lists usable? A great fee rule is worth little if counties do not publish lists, or publish them without owner names.

State rules we have verified

State	What the law says about fees	Claim window	What the counties call it
Texas	A non-attorney may not charge a fee to recover excess proceeds for an owner. An attorney is capped at the lesser of 25% or $1,000. Buying the claim is allowed only 36+ days after deposit, in writing, not by phone or in-person solicitation, with at least 80% paid to the owner upfront, and the assignee's recovery capped at 125% of what was paid.	Former owner must file before the 2nd anniversary of the sale (Tex. Tax Code § 34.04(a)).	Excess proceeds
Florida	Recovery/assignee compensation is capped (around 12% for assignees on foreclosure surplus, F.S. 45.033). Tax-deed surplus is governed separately by F.S. 197.582; verify the specifics with a Florida attorney.	Verify per county and statute.	Surplus funds
Georgia	We have not found a statutory fee cap in our sources. O.C.G.A. § 48-4-5 governs who may claim and how funds are distributed, not fees. Verify with a Georgia attorney before quoting any percentage.	Unclaimed excess funds are paid to the state after 5 years from the tax sale (O.C.G.A. § 48-4-5(c)).	Excess funds
California	Fee capped at the greater of $2,500 or 5% of the amount recovered.	Verify; California's window is short and runs from recordation of the tax deed.	Excess proceeds
Colorado	Recovery fees capped at 20%, after statutory waiting periods.	Verify.	Verify locally
Arizona	Recovery fees capped at 30%.	Verify.	Verify locally

Every other state: we have not verified the rules, so we do not publish a number. Recovery fees are capped by state law in many places, and some states bar non-attorneys from charging at all. Read your state's statute and confirm with a local attorney before you quote a fee to anyone.

How to read this table

A high cap is not the same as a good state

Arizona's 30% cap is higher than Colorado's 20%, but the cap is only one input. The size of typical overages, how many counties publish usable lists, how long owners have to claim, and how many other agents are already working the same counties all matter as much.

Texas is not closed, it is different

Because a non-attorney cannot charge a recovery fee in Texas, the business there runs through attorneys or through buying claims under the strict assignment rules above. Many people skip Texas because of this, which is part of why its lists can be less worked.

Georgia uses its own word

Georgia counties call this money "excess funds." Search "Fulton County excess funds list," not "overages list." Our Georgia excess funds list by county shows where each county publishes.

Where the lists are

• Surplus funds list guide by state — where each state publishes.
• Florida tax deed surplus funds by county
• Texas excess proceeds list by county
• Georgia excess funds list by county
• Surplus market data by state

Frequently asked questions

What is the best state for tax overages?

There is no single best state. Pick one where your way of getting paid is legal, where counties publish usable lists, and where the claim window gives you time to find owners. Verify the current statute before you start.

Which states do not allow tax overages fees?

Texas bars non-attorneys from charging a fee to recover excess proceeds for an owner; attorneys are capped at the lesser of 25% or $1,000. Other states have their own limits, so check your state's statute.

Is there a standard fee for tax overages recovery?

No. Fees are set state by state, from no fee allowed for non-attorneys in Texas to percentage caps such as 20% in Colorado and 30% in Arizona.

Did Tyler v. Hennepin County change tax overages?

The 2023 Supreme Court decision held that a county cannot keep a former owner's surplus equity, and it directly affected roughly a dozen states that had allowed that. It did not rewrite every state's fee caps or claim deadlines.

See the Florida, Georgia and Texas lists

LienSuite is a data tool, not a recovery service. Our county surplus lists ($27 per county) and the Excess Proceeds plan ($49.99/month, with claim deadlines, skip tracing, and free heir research) cover counties in Florida, Georgia, and Texas.

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Disclaimer: This article is for educational purposes only and is not legal, tax, or investment advice. Fee caps, waiting periods, claim windows, and licensing rules vary by state and change over time; confirm them with an attorney licensed in your state before relying on them. LienSuite is an independent software product and is not affiliated with, endorsed by, sponsored by, or associated with any third-party coach, author, podcast, course, community, or organization.