The Short Answer

In Florida, whether you can “recover” excess property tax payments depends on why the payment was excess. If you overpaid the county tax bill (or paid when no tax was due), Florida law provides a refund process through the tax collector/Department of Revenue. If you paid more than your fair share on inherited, co-owned property, that is often handled as a reimbursement/contribution issue between co-owners—frequently addressed in a probate distribution dispute or a partition case.

What Florida Law Says

Florida distinguishes between (1) a true tax overpayment that may be refundable by the government and (2) a co-owner allocation problem where one heir paid carrying costs (like property taxes) that other co-owners should equitably share. The right path depends on the tax year(s), who is listed as the taxpayer of record, whether the payment was actually “erroneous,” and whether the property is still in an open estate or is already owned by heirs as tenants in common.

The Statute

The primary law governing refunds of property taxes paid on county tax rolls is Fla. Stat. § 197.182.

This statute authorizes refunds in situations such as an overpayment or a payment made when no tax was due, and it also sets important timing rules—most notably that a refund generally cannot be granted unless a claim is made within 4 years after January 1 of the tax year for which the taxes were paid. See Fla. Stat. § 197.182(1)(e).

If your issue is not that the county was overpaid, but that you paid more than your share as a co-owner, Florida probate/real property litigation tools (including partition) may be used to seek an equitable adjustment among owners. In partition cases, Florida law also addresses how taxes and costs are handled in the court’s judgment. See Fla. Stat. § 64.081.

For more background on the co-owner dispute side of this (as opposed to the tax-refund side), you may find this helpful: How Does a Partition Action Work in Florida for Co-Owned or Inherited Property?

Why You Should Speak with an Attorney

While the statutes provide general rules, applying them to inherited, co-owned real estate is fact-specific and easy to mishandle. Legal outcomes often depend on:

• Strict Deadlines: Property tax refund claims have a hard time limit—generally within 4 years after January 1 of the tax year at issue. See Fla. Stat. § 197.182(1)(e). If you miss it, your leverage can shift to only pursuing co-owner reimbursement (if available) rather than a governmental refund.
• Burden of Proof: You typically need clean documentation showing what was paid, by whom, for which parcel and tax year, and why it qualifies as an “overpayment” or “payment when no tax was due” under the statute.
• Exceptions and Proper Party Issues: Refund rules can differ depending on whether the payment was “erroneous,” whether the property changed hands, and whether the estate is open or closed. On the co-owner side, reimbursement arguments often intersect with probate administration, occupancy/benefit issues, and whether a partition action is the right vehicle to equitably account for taxes and other carrying costs. See Fla. Stat. § 64.081.

Trying to handle this alone can lead to a denied refund, missed deadlines, or a family dispute that escalates into litigation without a clear strategy for recovering what you paid.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.