Paying Back Taxes on Inherited Land When You’re Not on the Deed — Kentucky FAQ
Short answer: Paying delinquent property taxes on inherited land in Kentucky will stop or reverse a tax enforcement action, but it does not, by itself, make you the legal owner. To become an owner you generally must get title through probate, a deed from the estate or heirs, or a court action. Keep careful records of tax payments and consult a probate or real estate attorney about how to protect your financial interest.
Detailed answer — what paying taxes does and does not do
When someone dies, paying property taxes keeps the property from being sold for unpaid taxes and prevents penalties or interest from growing. In Kentucky, the county tax office or sheriff enforces tax collection and can sell property for unpaid taxes. If you pay those taxes, the county will record that the delinquency was satisfied. That protects the property from a tax sale or reduces the chance a tax sale purchaser will later claim the property.
However, paying taxes alone does not transfer legal title. Ownership of real property in Kentucky is determined by the deed (title) and by proper probate transfers when title is held in the decedent’s name. If your name is not on the deed, you do not automatically become the owner merely because you paid the taxes.
Common legal consequences of paying taxes while not on the deed
- You preserve the property from immediate tax sale and may cure a delinquency.
- You may obtain receipts or other evidence of payment you can use in later litigation (for reimbursement or to claim an equitable lien).
- You create a claim against the estate or against the legal owners for reimbursement of the taxes you paid. Without documentation or a court order, getting repaid may be difficult.
- You do not gain a deed, title, or recorded ownership interest by paying taxes alone.
How your payment can be used later
If you can show you paid taxes to protect the property, courts may recognize an equitable lien or require reimbursement from the estate or from other co-heirs. Typical ways to enforce or convert your payment into a recognized legal interest include:
- Getting the estate administrator or executor to reimburse you from estate funds (if the estate has assets).
- Recording an affidavit and then filing a lawsuit (for example, a quiet title action or suit to impose an equitable lien) if heirs or titleholders refuse to reimburse you.
- Using small-estate or probate procedures to get legal title and then seeking contribution or reimbursement from other heirs.
What to do next — step-by-step practical guidance
- Confirm the owner(s). Pull the recorded deed at the county clerk’s office and obtain the chain of title. Confirm whether the decedent owned the property in their name alone, as joint tenants, or in some other form.
- Keep receipts and records. Save every payment receipt, cancelled check, bank record, and written communication with the county treasurer. These are essential evidence if you must seek reimbursement or an equitable lien.
- Check probate status. Find out whether a will was filed and whether probate has been opened. If not opened, heirs may need to open probate to transfer title legally. Kentucky Court of Justice has basic probate information you can review: https://courts.ky.gov/legalhelp/Pages/Probate.aspx
- Contact the county tax office. Confirm whether your payment fully cured the delinquency and whether any tax sale or lien remains on the property. The Kentucky Department of Revenue has property-tax resources: https://revenue.ky.gov/
- Ask for reimbursement from the estate or co-heirs. If the estate has an administrator or executor, present documentation and ask for repayment. If the estate is insolvent, you may have a claim but recovery could be limited.
- Consider filing claims or court actions. If owners refuse to reimburse you, consider: (a) asking the court to recognize an equitable lien for taxes you paid; (b) filing a quiet title action that accounts for your payment; or (c) seeking appointment as estate administrator to protect and administer the asset.
- Talk to a lawyer. A Kentucky probate or real estate attorney can explain the best route to protect your money or obtain title. If you anticipate a dispute among heirs, get legal help early.
Scenarios that change the outcome
- If the property passed by deed with right of survivorship (joint tenancy), the surviving owner may already have title and paying taxes only protects their interest.
- If probate is open and an executor is managing assets, you should ask the executor to reimburse you from estate funds.
- If a tax sale has already occurred, there may be a redemption period or complex rules about reclaiming title — contact the county sheriff or clerk quickly.
Helpful Hints — practical tips to protect yourself
- Always get a written receipt showing the property parcel ID, amount paid, payment date, and payer name.
- Record your proof of payment in the county clerk’s office (ask whether you can file a memorandum or affidavit) so the payment appears in the public record.
- Keep copies of the death certificate, any will, and any probate filings together with tax receipts.
- If you plan to pay taxes in hopes of getting title later, get that agreement in writing from other heirs if possible.
- Ask the county clerk or property valuation administrator whether a tax lien or tax sale is scheduled. Acting before a sale gives you more options.
- If you are concerned about paying more money, consider paying only the minimum to stop an imminent sale while you sort out title matters.
- Contact a local probate or real estate attorney early if multiple heirs disagree or if the estate appears insolvent.