What you need to know if you paid back taxes on inherited land but your name is not on the deed
Short answer: Paying property taxes does not by itself transfer legal title. It can, however, give you certain equitable claims (a right to be repaid or an equitable lien) in some situations. To become a legal owner you generally need a recorded deed or a court order (for example through probate or a quiet-title action). Consult a lawyer to preserve claims and to complete formal title transfer.
Detailed answer — how Washington law and common remedies apply
Start from the basic rule: in Washington, ownership of real property rests with whoever holds record title (the name on the deed) unless a court finds otherwise. Recording a deed makes ownership public and protects the owner against later purchasers and many claims. See Washington recording law: RCW Chapter 65.04 (recording instruments).
Paying delinquent taxes on property you do not hold title to is common when family members try to preserve inherited land from tax sale. How courts treat your payment depends on facts:
- If the estate is still in probate: Real property generally passes through probate unless the decedent used a transfer-on-death deed, joint tenancy, or other nonprobate device. The personal representative (executor) or heirs are usually the people authorized to pay taxes and transfer title. See general probate authority: Title 11 RCW (probate).
- If there is no probate or the property remains titled in the decedent’s name: Paying taxes protects the property from penalties, interest, and possible tax foreclosure or sale. But it does not automatically add you to the deed or create full legal ownership.
- Possible legal remedies if you paid taxes but are not on the deed:
- Claim for reimbursement from the estate. If the property belongs to the estate, you can present a claim in probate to be repaid for taxes you paid on the estate’s property.
- Equitable lien or subrogation. A court may impose an equitable lien or order reimbursement if you paid taxes to protect the property and there was a reasonable expectation of repayment or an agreement. Courts look at intent, communications, and whether you acted to benefit the title owner.
- Quiet title or declaratory judgment. To resolve disputes about ownership you may need a civil action to quiet title or obtain a judicial determination of interests in the land. See quiet-title procedure: RCW Chapter 7.28 (quieting of title).
- Partition or accounting among co-heirs. If multiple heirs claim property, you might seek partition or an accounting to distribute value or force sale.
- Tax-sale and redemption risks. If taxes are delinquent, county procedures can ultimately lead to a tax foreclosure or sale under Washington tax law. Paying the back taxes can stop a sale or reduce the risk of losing the property, but you should confirm with the county treasurer exactly how your payment was applied and whether any redemption period or other procedures still apply. See Washington tax foreclosure procedures: RCW Chapter 84.64 (foreclosure for delinquent taxes).
Practical steps and why a deed matters
A deed is the primary legal document that transfers title. If an executor or other heir will not add you to the deed, paying taxes gives you limited protection and likely a money claim rather than ownership. To become a legal owner you typically need one of the following:
- A properly executed and recorded deed transferring title to you (for example, a deed from the estate’s personal representative or from co-owners).
- A court order transferring title (for example, after probate or a quiet-title action).
- Another statutory device such as a survivorship or transfer-on-death deed (if one applies).
How Washington courts often decide disputes like this
Courts look at documents, communications, and conduct. Key factors include:
- Whether you had an agreement (written or proven) to pay taxes in exchange for ownership or reimbursement.
- Whether you paid to protect an interest you already had (for example, you were an heir with a recognized claim) or solely to benefit another person who held title.
- Whether you recorded any notice of your payment or claim.
- Whether the estate can repay you or whether the property’s value justifies a court imposing an equitable lien.
When to get a lawyer
Talk with a real property or probate lawyer if any of these apply:
- You paid significant sums and the record owner refuses to recognize your contribution or transfer title.
- Someone threatens tax foreclosure or a sale despite your payment.
- There are multiple heirs with competing claims or the estate lacks an executor willing to act.
- You want to preserve a claim (file a probate claim, request an accounting, or ask a court to impose an equitable lien).
Next steps you can take now (practical checklist)
- Gather paperwork: tax receipts, cancelled checks, bank records, any emails or texts about agreements, and the deed or title report.
- Contact the county treasurer and recorder: confirm how your payment was posted and get copies of tax payment records and the deed record. County offices can tell you if a tax sale is pending.
- Check for probate: search county probate records to see whether an estate case exists and who the personal representative is.
- Get a title or ownership report: a simple title search shows recorded interests and liens.
- Consider a written agreement or recorded memorandum: if the owner agrees to repay you or transfer title, get that agreement in writing and recorded if possible.
- If necessary, consult an attorney about filing a probate claim, quiet-title action, or asking a court for an equitable lien or reimbursement.
Helpful hints
- Keep every receipt and bank record showing tax payments. Those are critical evidence of your contribution.
- Record a written claim or notice if you and the owner agree on repayment or an interest. Unrecorded oral promises are harder to enforce.
- Communicate in writing with the estate’s personal representative and county officials; get confirmations by email or certified mail.
- Act quickly if taxes are delinquent. Prompt payment can prevent a tax sale and preserve more options later.
- Ask the county treasurer whether your payment created any claim or if the county will accept payment only from the record owner—procedures vary by county.
- Understand the difference between a money claim and title. A court-ordered reimbursement gives you a money judgment or lien; a deed is required to clear record title.
Relevant Washington statutes and resources
- Tax foreclosure and delinquent tax procedures: RCW Chapter 84.64.
- Probate and estate administration: Title 11 RCW (Probate).
- Recording instruments and deeds: RCW Chapter 65.04.
- Quiet title and civil actions to determine title: RCW Chapter 7.28.
Disclaimer: This article explains general Washington law principles and common outcomes. It is educational only and not legal advice. Every situation turns on facts and local procedures. To protect your rights or to convert tax payments into ownership or reimbursement, consult a Washington real property or probate attorney promptly.