Short answer
Paying delinquent property taxes on land you have inherited—but that still sits in someone else’s name—usually does not make you the legal owner in Indiana. Payment can protect the parcel from a tax sale, may give you a right to be reimbursed, and can preserve or improve your position while you pursue a transfer of title through probate, deed, or a quiet-title action. Title does not pass automatically when someone pays taxes.
How this typically works under Indiana law
Indiana treats ownership as a matter of title (the deed and related records) and legal procedures (probate or conveyance). Separate from title, unpaid property taxes are a charge on the property. The county can sell tax liens or the property for unpaid taxes under the state tax-sale statutes (see Indiana Code Title 6, chapter 1.1). Paying the back taxes interacts with the tax-sale process and with probate, but does not itself create a recorded deed in your name.
Tax-sale and redemption basics
If property taxes are delinquent the county follows the tax-sale and redemption procedures in Indiana Code Title 6, which govern sale of tax liens, notice, and redemption. If you pay outstanding taxes before the county completes a tax sale, you usually stop the sale and protect the property from being transferred because the unpaid-tax condition has been cured. If the property already sold at a tax sale, different rules apply about who can redeem and how to redeem. See the tax statute overview: Indiana Code Title 6 (taxation).
Paying taxes does not transfer title
Legal title transfers through a recorded deed, probate distribution, or other court order. If the decedent’s estate has not issued a deed or the property has not been probated into an heir’s name, paying taxes does not create a deed or automatically make the payer an owner. To get legal title you will generally need one of the following:
- A deed recorded by the person or personal representative who has authority to transfer the property;
- Appointment as personal representative or an administrator who then conveys the property;
- A court judgment (for example, a quiet-title action) confirming your ownership;
- A tax-deed or other title obtained through strict compliance with tax-sale and redemption statutes.
Reimbursement and equitable claims
If you pay back taxes to protect the property, you generally have ways to ask for repayment:
- Claim against the estate: If the estate still exists, you can present your receipts to the personal representative and ask to be reimbursed from estate assets.
- Contribution from co-heirs: If other heirs share ownership, you may be entitled to contribution from them for their share of the taxes you paid.
- Equitable lien or agreement: With written agreement from the other heirs or a court order, you can sometimes record a lien or memorandum that protects your payment while title issues get resolved.
These remedies normally require documentation (receipts, proof of payment, written agreements) and may require court action if other parties refuse to reimburse you.
Common scenarios and practical outcomes (hypothetical)
Scenario A — You pay to stop a tax sale: You are an heir; the county gave notice of an upcoming tax sale. You pay the back taxes to the county treasurer. Outcome: The county will accept the payment and the parcel typically will not be sold for unpaid taxes. You still need a deed or probate order to become owner. Keep receipts and seek a written agreement with co-heirs or with the estate personal representative for reimbursement or title transfer.
Scenario B — You pay after a tax sale but before the redemption period ends: If the property sold at a tax sale, Indiana law allows certain parties to redeem the property under the statutory redemption rules. If you properly redeem under the statute and record what is required, you can stop the tax purchaser’s ability to obtain title — but redemption procedures and timelines are strict. See Indiana Code Title 6 for redemption rules: IC Title 6, tax sale provisions.
Scenario C — You pay taxes without notifying co-heirs and later claim title: If you pay the taxes and then attempt to claim title without probate or judicial action, other heirs or a personal representative can object. Courts in Indiana will look to deed records, probate disposition, and the parties’ conduct. Payment alone rarely wins ownership without additional legal steps.
What you should do now (step-by-step)
- Get a title search and copy of the recorded deed to confirm current recorded owner(s).
- Check whether the decedent’s estate is open in probate. Review the estate case or contact the probate court clerk. See Indiana probate statutes: Indiana Code Title 29 (probate).
- Keep all receipts and written communications about tax payments. Get a written agreement from co-heirs or the personal representative that documents your payment and any repayment or lien arrangements.
- If you want legal title, arrange for a deed transfer from whoever has legal authority (personal representative, trustee, or seller) or consider filing a quiet-title action if needed. Consult a lawyer early if parties disagree.
- If the property was sold at a tax sale, act quickly to determine redemption rights and deadlines under the tax statutes and county procedures.
Helpful hints
- Document everything. Store receipts, canceled checks, and any emails or letters about payment and tax status.
- Ask the county treasurer or auditor for a written payoff statement that shows what you paid and how it affected the tax status.
- Get written agreements from co-heirs before you pay if possible. A recorded agreement can prevent disputes later.
- Consider filing a claim against the estate if a personal representative refuses to reimburse you for taxes paid on estate property.
- Act before tax-sale deadlines or redemption windows run out. Statutory timelines are strict and can permanently affect property rights.
- If you intend to take title, do not rely on tax payments alone: secure a deed or a court order transferring title into your name.
Where to find the statutes and local procedures
For tax-sale and redemption rules, start with Indiana Code Title 6 (taxation): https://iga.in.gov/legislative/laws/2024/ic/titles/006. For probate and transfer of decedent property, see Indiana Code Title 29 (probate): https://iga.in.gov/legislative/laws/2024/ic/titles/029. For recording and property rules, consult Indiana Code Title 32 (property): https://iga.in.gov/legislative/laws/2024/ic/titles/032.
When to get a lawyer
Talk with an attorney if:
- You need a deed or formal transfer and parties disagree;
- The estate personal representative refuses to reimburse you or refuses to transfer title;
- There was a tax sale and you need to understand redemption rights or pursue title through the tax-sale process;
- You want to file a quiet-title or partition action to clear title or divide property.
Disclaimer: I am not a lawyer. This article explains general information about Indiana law and common outcomes; it is not legal advice. For advice about your exact situation, consult a licensed Indiana attorney who can review the records and the facts and tell you what to do next.