Detailed Answer: What it means to pay back taxes on inherited land you don’t own
Short answer: Paying delinquent property taxes on land where you are not a recorded owner does not automatically make you the owner in Nevada. Your payment can protect the property from tax sale or reduce the estate’s debt, and it may give you a potential legal claim for reimbursement or an equitable lien in some situations — but you usually still need a deed, probate transfer, or a court order (for example, a quiet title judgment) to become the legal owner.
Why paying taxes doesn’t equal ownership
In Nevada, legal title to real property is created and transferred primarily by deed and recorded instruments. The county recorder’s office, deed language, and the chain of title determine who is the legal owner. Paying property taxes is a financial act, not a conveyance of title. See Nevada statutes on conveyances and recording requirements for how ownership is proven and transferred: Nevada Revised Statutes, Chapter 111 (Conveyances): https://www.leg.state.nv.us/NRS/NRS-111.html.
How your payment affects the tax status of the property
When you pay delinquent taxes you remove or reduce the county’s tax lien and can prevent a tax sale or redemption. The county’s tax-collection and sale procedures are governed by Nevada’s tax statutes; paying taxes generally protects the property from immediate tax foreclosure under Nevada’s tax collection rules (see NRS Chapter 361): https://www.leg.state.nv.us/NRS/NRS-361.html. But stopping a tax sale is not the same as obtaining title.
What legal rights you may gain by paying the taxes
- Right to reimbursement: If you pay the taxes voluntarily (for example, to preserve the value of the estate or to prevent a tax sale), you may be able to seek repayment from the estate or the recorded owners. That is typically a civil claim — not an automatic transfer of title.
- Possible equitable lien or credit: In some circumstances, courts recognize an equitable lien or constructive trust when one person pays taxes or mortgage payments for someone else’s property with the expectation of repayment or contribution. Whether Nevada courts will recognize such a remedy depends on the facts and proof of the parties’ agreement and intent.
- Priority at sale or distribution: If the property is sold through probate or by agreement of the owners, you may be entitled to be repaid from the proceeds before the net proceeds are distributed to heirs, depending on agreements and court rulings.
- No unilateral right to record title: You cannot unilaterally record yourself as owner simply because you paid taxes. Title must be transferred by deed, probate distribution, a transfer from the executor/administrator, or a court order.
Common scenarios and how they usually play out
1) Estate is open and there is an executor/administrator: Paying taxes may preserve the property while the executor arranges transfer or sale. Ask the executor to record the payment and to reimburse you from estate funds. If the executor refuses, you can file a claim in the probate proceeding.
2) There are multiple heirs who disagree: If you and other heirs disagree about management, paying the taxes can protect the family interest in the short term. You can later ask a court to recognize your right to be repaid, or you can ask the court for partition or a declaratory judgment about ownership and contributions.
3) The property is in danger of tax sale: A tax payment you make can stop a tax sale and preserve the property. If you want long-term security for your payment, get a written agreement from the other heirs or the executor that you will be repaid or that the deed will be transferred to you under agreed terms.
Steps to protect yourself if you have paid taxes but aren’t on the deed
- Get and keep proof of payment (receipts from the county treasurer; cancelled checks; bank records).
- Ask the recorded owner(s) or the estate’s personal representative to sign a written agreement describing reimbursement, lien rights, or a plan to transfer title.
- If the estate is open, file a written claim for reimbursement in the probate case so your payment is formally on the court record.
- Consider recording a memorandum or notice in the county records if advised by counsel — but do this only after legal advice; improper filings can create problems.
- If you cannot resolve repayment or ownership by agreement, consult an attorney about filing a civil action for unjust enrichment, an equitable lien, or a quiet title action to establish your rights in court.
When to speak with an attorney
Consult a Nevada real property attorney if any of the following apply:
- Heirs or executors refuse to acknowledge your payments or refuse reimbursement.
- You want to be added to the deed or to obtain title and the other owners won’t cooperate.
- The county indicates the property may be sold for taxes and you want to protect your investment.
- The facts are complicated (disputed ownership, incomplete probate, or conflicting claims).
Resources and statutes
Relevant Nevada law and resources (for further reading):
- Conveyances; recording and transfer rules: Nevada Revised Statutes, Chapter 111: https://www.leg.state.nv.us/NRS/NRS-111.html
- Tax collection, liens, and sale procedures: Nevada Revised Statutes, Chapter 361: https://www.leg.state.nv.us/NRS/NRS-361.html
- Nevada courts information (probate and civil filings): Nevada Judiciary — https://www.nvcourts.gov/
Bottom line: Paying back taxes can protect the property from tax sale and may give you a basis to seek repayment or an equitable remedy, but payment alone does not transfer legal title. If you want ownership, you need a recorded deed, probate transfer, or court order. Get written agreements and legal advice before or immediately after paying taxes.
Disclaimer: This article is for informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Nevada attorney.
Helpful Hints
- Before paying anything, check the county assessor/treasurer website for the exact tax status and whether a tax sale is scheduled.
- Obtain and preserve written permission or an agreement from other heirs or the estate representative before paying taxes.
- Always get a receipt and record the payment method (check or bank transfer) so proof is clear.
- Consider asking the executor to advance funds from the estate to pay taxes rather than paying personally.
- If you plan to become owner later, get the agreement in writing stating how title will be transferred and how your tax payments will be credited.
- If you fear a tax sale is imminent, contact the county treasurer immediately and consult a Nevada real property attorney right away.
- Keep communications with other heirs documented (email, letters); that can help if court involvement becomes necessary.