Detailed Answer
Short answer: Paying back property taxes on land you believe you inherited will stop a tax sale and remove the tax lien, but it does not by itself make you the legal owner if your name is not on the deed. Legal title follows the recorded deed or a court transfer (for example, through probate). In many cases a person who pays taxes on someone else’s property can seek reimbursement, record a claim, or pursue court relief, but those remedies are separate from the deed and can be complicated under Wyoming law.
How Wyoming law treats tax payments versus ownership
Under Wyoming law, unpaid property taxes are a lien on real property and the county handles tax collection and tax sales. Paying the back taxes cures the tax lien and prevents the county from selling the property for unpaid taxes. For the statutory framework on tax sales and redemptions, see Wyoming’s tax collection provisions: Wyo. Stat. Title 39, Ch. 13.
But title to real property is determined by the deed and the public record. If the deed does not list you as an owner, the recorded owner or the person who receives title through probate remains the legal owner. Paying taxes will not automatically create or record a deed in your name.
Common legal outcomes after paying back taxes when not on the deed
- No automatic ownership change: Your tax payment does not transfer title. Only a recorded deed or court order (for example, a personal representative’s deed after probate) changes ownership.
- Protection from tax sale: Paying the taxes removes the immediate risk of a tax sale and preserves the property for whoever holds legal title.
- Right to reimbursement or equitable lien: Courts often recognize that a person who pays necessary taxes or mortgage payments to preserve property may have an equitable remedy — a right to be reimbursed, an equitable lien, or a claim against proceeds if the property is later sold. That remedy must typically be pursued in court and is not automatic.
- Possible ability to redeem: If the county already sold the property for taxes, Wyoming law provides procedures for redemption and tax deed issuance. Your payment history and timing affect any redemption rights. See the tax sale statutes cited above for details.
- Probate and title transfer still required: If the property was inherited, legal transfer usually requires probate or a statutory affidavit of heirship, or a deed from the estate’s personal representative. See Wyoming probate rules for how title passes after death: Wyoming Probate Code (Title 2, Ch. 6).
Practical steps to protect your interests
- Get written proof of payment. Keep tax receipts, cancelled checks, bank records, and any written communications with the county treasurer. Recording evidence of payment will help any later claims you must make.
- Check the public record. Search the county recorder’s office for the recorded deed, any liens, judgments, or recent transfers. That tells you who holds legal title now.
- Contact the county treasurer/collector. Confirm the tax status, whether there was or is a pending tax sale, and whether your payment was applied as a redemption or a regular tax payment.
- Determine whether probate is open or required. If the original owner died, check whether an estate is open. If not, you may need to open probate or use a small- or summary-administration procedure to obtain a deed as an heir or personal representative. See the Wyoming probate code linked above.
- Record an equitable claim if appropriate. In some cases you can record a notice or lien for reimbursement; in others you must file a lawsuit (for example, a partition, quiet-title with an equitable lien, or suit to enforce reimbursement). Procedures and success vary by county and facts.
- Consider quiet title or declaratory relief. If you need clear title (to sell, mortgage, or develop), a quiet-title action or declaratory-judgment action may be required. Courts can sort competing claims and, in some cases, recognize reimbursement or lien rights for the payor of taxes.
Typical documents and evidence to gather
- Tax receipts and payment records for the payments you made.
- Death certificate of the decedent (if inheritance is the issue).
- Any wills, estate inventories, or probate filings.
- Recorded deeds and title search report showing the chain of title.
- Communications with other heirs or the recorded owner.
When to consult an attorney
Talk to a Wyoming real-property or probate attorney if any of the following apply:
- Multiple people claim an ownership interest or there is a dispute among heirs.
- You want to force a sale or partition, or you need to quiet title.
- There is a pending or completed tax sale and you need to understand redemption rights.
- You need to record or litigate a lien or claim for reimbursement.
Helpful Hints
- Always get written receipts for tax payments from the county treasurer.
- Record nothing that changes title unless you have legal authority to do so (deeds and affidavits must be valid to be recorded).
- If the estate is small, Wyoming has summary procedures that can avoid full probate; an attorney can confirm if you qualify.
- Paying taxes is often a good temporary protective step even if it doesn’t give title — it preserves value while you sort ownership legally.
- Act quickly if a tax sale is imminent. Time-sensitive steps (like redemption) usually have statutory deadlines.
Useful Wyoming legal references
- Wyoming tax collection and tax-sale statutes: Wyo. Stat. Title 39, Chapter 13.
- Wyoming probate provisions (state procedures for transfer after death): Wyo. Stat. Title 2, Chapter 6.
Final practical point: If you paid taxes to preserve inherited land, you took a useful step to protect the property. However, paying taxes alone won’t replace a recorded deed or court transfer. Collect your payment evidence, confirm the title record, and consider probate or a quiet-title action to obtain legal ownership or reimbursement. Because the best path depends on precise facts and local practice, consult a Wyoming attorney experienced in real property and probate to evaluate your options.
Disclaimer: This article explains general legal principles under Wyoming law for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Wyoming attorney.