What do I need to do to clear back taxes on inherited real estate and avoid foreclosure? - Florida
The Short Answer
In Florida, delinquent property taxes can lead to a tax certificate and eventually a tax deed sale that can wipe out the family’s ownership interest. The key legal concept is that you generally can stop the tax-deed process by redeeming the tax certificate(s) before a tax deed is issued—but inherited-property situations often require probate authority and careful title planning.
What Florida Law Says
Florida uses a tax-certificate system: when property taxes go unpaid, a tax certificate may be sold, and the certificate holder earns interest. The property owner (or someone acting for the owner/estate) typically retains a right to redeem the certificate by paying the amounts due, but that right ends once the tax deed is issued.
The Statute
The primary law governing this issue is Fla. Stat. § 197.472.
This statute establishes that a person may redeem a tax certificate after it is issued and before a tax deed is issued by paying the tax collector the face amount plus interest, costs, and charges.
If you want more background on how the tax-deed timeline works, see: How Can I Stop a Property Tax Foreclosure (Tax Deed Sale) in Florida?
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Under Fla. Stat. § 197.472, redemption is only available before a tax deed is issued—waiting too long can permanently cut off the right to save the property.
- Burden of Proof / Authority Issues: With inherited real estate, the county may accept payment, but clearing the problem long-term often requires confirming who has legal authority to act for the estate and ensuring title is handled correctly (especially if probate is pending or multiple heirs are involved).
- Exceptions and Title Consequences: If a tax deed is issued, challenges can be time-sensitive and fact-specific. Florida also limits actions against tax deeds after certain periods. See Fla. Stat. § 95.192.
Trying to handle this alone can lead to missed deadlines, paying money without actually fixing title, or losing the property at a tax deed sale. A Florida probate attorney can coordinate the tax redemption with the estate administration so the property is protected and the ownership transfer is done correctly.
Related reading: If I Pay Back Taxes on Inherited Land but I’m Not on the Deed, Do I Get Ownership Rights in Florida?
Get Connected with a Florida Attorney
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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.