Paying Back Taxes on Inherited Rhode Island Land When Your Name Is Not on the Deed — FAQ

Short answer: Paying delinquent property taxes does not automatically make you the legal owner. In Rhode Island, title follows recorded deeds and probate transfers. Paying the taxes can protect the property from tax sale and may give you a right to reimbursement, but it does not substitute for a recorded deed or probate transfer. Read below for detailed steps and practical next actions.

Detailed answer — what happens and why (Rhode Island law)

Two separate legal concepts apply to land: ownership (title) and tax liens. Ownership is created and changed by recorded deeds, wills, and probate orders. Tax obligations and tax liens arise under state and municipal tax laws. Paying delinquent taxes affects the tax lien, not who holds legal title.

1. Paying taxes stops or cures the tax lien, but it does not transfer title

If you pay back taxes to the municipal tax collector or to a taxing authority, you remove or reduce that delinquent tax lien (or prevent a tax sale). But the deed — the recorded instrument that shows legal ownership — controls who owns the property. If the deed still names someone else (including an estate, deceased owner, or another heir), payment alone will not place your name on the deed or give you clear legal title.

See general Rhode Island tax law (Title 44) for how tax liens, collections, and tax sales operate: Rhode Island General Laws, Title 44 (Taxation).

2. If the owner is deceased, the property typically passes through probate

When the recorded owner has died, the estate or a probate proceeding usually must transfer legal title to heirs or devisees. Whoever holds letters testamentary or letters of administration (the estate representative) can convey the property by deed. Paying taxes while probate is pending will preserve the property from tax enforcement, but you should resolve the probate transfer to become a recorded owner.

See Rhode Island probate statutes (Title 33) for rules on administration and transfer by personal representative: Rhode Island General Laws, Title 33 (Wills, Trusts & Administration).

3. Paying taxes may give you a right to reimbursement or a claim against the estate

If you paid taxes for the benefit of the property, Rhode Island law and equitable principles permit you to seek repayment. Possible remedies include:

Reimbursement from the estate if the payment was made to protect estate assets.
An express or implied agreement with other heirs to be repaid (if there is written or proven agreement).
A recorded affidavit or lien claiming reimbursement in some circumstances (consult counsel on form and enforceability).

Payment for taxes can create a creditor claim against the estate or give the payer grounds to ask a probate court to order repayment or an accounting. It does not, however, create ownership without a proper transfer.

4. If a tax sale already happened or a purchaser obtained a certificate, your payment may have different effects

If the property already went to tax sale, outcomes depend on whether the sale can be redeemed and Rhode Island’s tax-sale procedures. A redemption payment typically goes to the purchaser (or the municipality) and may entitle the redeemer to interest or to rights created by the applicable tax-sale statute, but it still does not automatically put your name on title.

Check Title 44 for the municipal tax-sale and redemption processes. If a tax sale has happened, contact the municipal tax collector immediately and consider legal counsel to determine whether redemption or quiet-title actions are appropriate.

5. Practical legal actions to get title or protect your interests

Confirm who is the record owner. Perform a title search at the city/town land evidence office or with a title company.
If owner is deceased, check whether the estate is in probate and whether a personal representative has authority to transfer property. If probate has not been opened, an heir may need to start probate to transfer title.
Keep copies and receipts of tax payments and communications with the tax collector. These are evidence if you later seek reimbursement or file a court claim.
If you paid taxes to prevent a tax sale and want title, ask the estate’s personal representative for a deed. If the representative refuses, you may have a claim in probate court for repayment or contribution.
Consider a quiet-title action or a claim for equitable relief only after consulting a Rhode Island real-estate or probate attorney. Quiet-title actions determine ownership and cloud removal; they are often necessary if the deed record is incorrect or contested.

How this can play out — three hypothetical scenarios

These short hypotheticals illustrate typical outcomes:

Scenario A — Probate open, you pay taxes to preserve property: You pay taxes to prevent tax sale. Probate later appoints an executor who conveys title to you per the will or intestacy. You get a deed because probate and the executor’s deed confirm ownership. Your tax payments helped preserve value but did not by themselves create title.
Scenario B — You pay taxes for an uncle’s property but probate hasn’t been opened: You may be able to open probate, ask the court to appoint an administrator, and get the estate to reimburse you. Alternatively, file a claim against the estate for repayment.
Scenario C — Property was sold at tax sale before you paid: If redemption remains possible, your payment may redeem the property under the statute (or reimburse the purchaser) and stop a new purchaser from obtaining clear title. If redemption period expired, a quiet-title action or other litigation may be required.

Recommended next steps (concise)

Get a title search and certified copy of the deed and all tax records for the parcel.
Contact the municipal tax collector and ask for a written statement of account and whether any tax sale has been scheduled or completed.
Check probate records for the decedent (if applicable). If the estate is open, contact the personal representative or probate court.
Keep all receipts and written communications about payments. File a written demand for repayment if you expect reimbursement.
Consult a Rhode Island real estate or probate attorney about filing a probate claim, lien, or quiet-title action if the owner refuses to transfer title.

Helpful Hints

Paying taxes protects the property but does not replace a recorded deed — always record and preserve documentation of payment.
Obtain a written accounting from the tax collector showing how your payment was applied.
If you expect to be reimbursed, get the agreement in writing. Oral promises are harder to enforce.
If probate is not opened, an heir can open it. That often speeds transfer and repayment processes.
Title insurance or a title search will reveal mortgages, liens, or prior claims that affect ownership beyond taxes.
When in doubt, talk to a Rhode Island attorney experienced in probate and real estate — early advice can avoid costly litigation later.

Disclaimer: This article explains general Rhode Island legal concepts and practical steps. It is educational only and is not legal advice. For advice tailored to your situation, consult a licensed Rhode Island attorney.