Understanding Payment of Delinquent Property Taxes by Non-Deeded Heirs in Minnesota

Short answer: Paying delinquent property taxes on land that you expect to inherit can stop tax forfeiture and preserve the property, but it does not automatically make you the legal owner. To be listed on the deed you must receive a valid transfer of title (for example, through probate, an executor’s deed, a quitclaim deed from other owners, or a judicial action). Keep careful records of any tax payments and consult an attorney if you want a formal property interest or reimbursement.

Detailed answer — what legally happens when you pay the taxes

1. You prevent or cure a tax delinquency, but you do not get title

When you pay past-due property taxes, the county treasurer will record payment and will not proceed with tax forfeiture or sale for those unpaid years while the taxes are current. That action protects the property from immediate loss to the county under Minnesota’s tax-forfeiture procedures (see Minn. Stat. ch. 282: https://www.revisor.mn.gov/statutes/cite/282). However, paying the taxes is not the same thing as recording a deed. Legal title stays with the person whose name is on the deed until a valid transfer document is recorded.

2. Your payment creates documented evidence and may create a claim

Payment creates a clear record: county receipts, cancelled checks, and tax office entries. Those records are important. If you paid to protect an expected inheritance, you may later assert a claim to be reimbursed or to obtain an ownership interest. Possible legal remedies include a claim for reimbursement, an equitable lien, or an agreement that other heirs sign a deed to you. Which remedy applies depends on the facts and may require litigation.

3. If the county already forfeited the property

If the county has already completed tax forfeiture procedures and title has passed to the county, your later payment of prior taxes may not restore title. Minnesota’s statutory process for forfeiture and sale is in Chapter 282 (link above). Once title transfers under those procedures, remedies are limited and time-sensitive; immediate legal help is important.

4. How to become a recorded owner

To be listed on the deed you will need a recorded document that transfers title to you. Common ways this happens in Minnesota:

• Formal probate of the decedent’s estate, with distribution of real property to heirs under court order (see Minnesota probate statutes: https://www.revisor.mn.gov/statutes/cite/524).
• An affidavit or statutory short-form transfer if the property and estate qualify under Minnesota’s small‑estate rules (whether you can use these depends on the estate’s value and local rules).
• A deed signed by the current owner(s) (for example, a quitclaim or warranty deed) and recorded with the county recorder.
• A court judgment (for example, a quiet title action) that establishes your ownership and directs the recorder to accept a corrected deed.

5. Practical consequences if you stay off the deed

• You can protect the property from tax sale by paying taxes, but you generally cannot sell or mortgage the property without being on the deed.
• You may have difficulty enforcing rights related to the land (rent collection, lease enforcement, etc.) without title or an express written agreement with the record owner(s).
• If other heirs disagree about transfers, paying taxes does not prevent disputes or litigation about ownership shares.

Recommended next steps

1. Obtain and keep all receipts, tax payment records, and county correspondence. Ask the county treasurer for written confirmation of payments and current tax status.
2. Do a title search or order a preliminary title report to see who is on record and whether there are liens or encumbrances.
3. Talk with the other heirs. A written agreement that other heirs will convey the property to you (or reimburse you) avoids unnecessary litigation.
4. If the decedent’s estate hasn’t been opened, consider starting probate or using a statutory affidavit transfer if eligible. See Minn. Stat. ch. 524 (probate and transfer rules): https://www.revisor.mn.gov/statutes/cite/524.
5. If the county has already moved toward forfeiture or sale, contact the county treasurer immediately and ask about redemption or reinstatement options under the tax forfeiture statutes (see Minn. Stat. ch. 282: https://www.revisor.mn.gov/statutes/cite/282).
6. Consult a real property or probate attorney if you want to convert your payments into an ownership interest, if other heirs contest your payments, or if the title situation is complex.

Possible legal outcomes depending on facts

Outcomes vary by situation:

• If the estate is opened and you are a named beneficiary, the probate process can place title in your name.
• If you and the other heirs agree, they may execute a deed transferring title to you and record it.
• If an heir refuses to reimburse you, a court may award you reimbursement or an equitable lien if you can prove payment for the benefit of the property and an expectation of reimbursement or ownership.
• If the county already holds title after forfeiture, you may have very limited remedies and must act fast; statutes in Chapter 282 control the deadlines and procedures.

Helpful hints

• Keep original receipts and request written confirmation of payments from the county treasurer.
• Record any written agreements with other heirs about payments or transfers in writing and have them notarized.
• Do a full title search before spending significant money. Hidden liens or prior transactions can affect results.
• If you expect to inherit, open a probate file early to avoid gaps that could lead to forfeiture or disputes.
• Be aware of deadlines under Minnesota’s tax-forfeiture laws. Acting early preserves options.
• Ask the county about tax forfeiture timelines and whether your payment will be treated as a protection against forfeiture or as something else.

When to get legal help: If other heirs dispute your payments, if you want the county to recognize an ownership claim, if tax forfeiture has already occurred, or if title questions are complex, contact a Minnesota attorney experienced in probate and real estate. An attorney can explain whether you might have a lien, a right to reimbursement, or whether you should start a quiet-title or probate action.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Minnesota attorney.