What happens if we pay the back taxes on inherited land but aren’t listed as owners on the deed? - Pennsylvania
The Short Answer
Paying delinquent property taxes on inherited Pennsylvania land can help prevent tax enforcement (like a tax sale), but it usually does not make you a legal owner by itself. If your name is not on the deed (and the estate/title issues were never properly resolved), you may still have no clear, record ownership—which can create serious problems when you try to sell, refinance, insure, or stop other heirs from claiming an interest.
What Pennsylvania Law Says
In Pennsylvania, ownership of inherited real estate is ultimately a title issue—meaning who legally holds the decedent’s interest and how that interest is transferred/confirmed in the public records. Paying taxes is often viewed as a sign of responsibility or possession, but it is not the same thing as a deed transfer or a court order establishing title.
If the property is still treated as belonging to the decedent’s estate (or is still assessed that way), Pennsylvania law allows the property to be assessed in the decedent’s name or the personal representative’s name while it remains part of the estate.
The Statute
The primary law governing this issue is 53 Pa.C.S. § 8863.
This statute establishes that property belonging to a decedent’s estate may continue to be assessed for county tax purposes in the name of the decedent or the personal representative while it belongs to the estate.
When heirs need to formally establish/clear title to a decedent’s Pennsylvania real estate (especially where no estate was opened, or an estate stalled), Pennsylvania also provides a process in Orphans’ Court to have title adjudged in the proper party under certain conditions.
One key statute used in these situations is 20 Pa.C.S. § 3546, which authorizes certain heirs/claimants to petition the Orphans’ Court to establish title to the decedent’s interest in real estate in specific circumstances.
Related reading: Do I gain any ownership rights by paying property taxes on a home in Pennsylvania? and How do I transfer a deed into my name after a death in Pennsylvania?.
Why You Should Speak with an Attorney
While the statutes provide the general framework, applying them to your family’s land is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Title-fixing options can depend on how long it has been since the death and whether an estate was opened or left unresolved (timing matters under 20 Pa.C.S. § 3546).
- Burden of Proof: You may need documentation showing heirship, the decedent’s ownership interest, who has been in possession, and who paid taxes/expenses—especially if other heirs disagree or there are liens.
- Exceptions and Competing Claims: Other heirs, unknown heirs, estate creditors, or recorded liens can block a clean transfer. Paying taxes can also create disputes about reimbursement versus ownership, and it may not prevent a future title challenge.
Trying to handle this alone can leave you paying money into a property you still cannot legally sell or protect. A probate attorney can evaluate whether you need an estate opened, a deed from the personal representative, an Orphans’ Court petition to establish title, or other title-clearing steps based on your exact facts.
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Disclaimer: This article provides general information under Pennsylvania 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.