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If property is in probate, do you still pay property taxes?

My father is inhierting his fathers property and he was wondering since its not in his name yet, still in his fathers, does he pay property tax?

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Asked by mommyofAurora at 6:55 PM on Nov. 3, 2010 in Money & Work

Level 12 (840 Credits)
Answers (12)
  • When he inherits he will have to.

    Answer by older at 6:56 PM on Nov. 3, 2010

  • So once its in his name? Not while its in his fathers name and in probate?

    Comment by mommyofAurora (original poster) at 6:57 PM on Nov. 3, 2010

  • The taxes have to be paid throughout the ownership - if his father has passed, your DH will have to pay any property taxes accrued during the probate period. If it is part of some other settlement, his father may be responsible for taxes until the property changes hands, but that can be tricky and an attorney really needs to be involved.

    Answer by Scuba at 7:02 PM on Nov. 3, 2010

  • Your grandfather's estate pays any taxes while things are in probate. Once the property is tranferred the new owner pays the taxes.

    Answer by elizabr at 7:03 PM on Nov. 3, 2010

  • Oh, forgot to mention - there are also inheritance taxes, and there could be additional taxes on receiving the property - depending on how much it's worth, how long his father had it, etc. You really should contact a tax professional in your area, they can tell you how it's handled (different jurisdictions handle cases differently.)

    Answer by Scuba at 7:03 PM on Nov. 3, 2010

  • The problem I see that if the taxes aren’t paid they will be delinquent and your father will just have to pay delinquent fees added on when he inherits the property. Some probates may go for years until he finds out what the value of the estate will be.

    Call the Tax Assessor-Collectors’ office and ask them that question.

    Answer by musicmom08 at 7:22 PM on Nov. 3, 2010

  • Property taxes ALWAYS need to be paid.

    Answer by SamKJones at 7:35 PM on Nov. 3, 2010

  • The estate will have to pay the property taxes on it. Until titles/deeds are transferred, it is up to the executor of the state to maintain the property and pay the taxes from estate funds.

    Once everything is transferred, any back taxes will have to be paid by the owner. Death doesn't stop, suspend or erase tax debt.

    Answer by motherofhope98 at 7:10 AM on Nov. 4, 2010

  • Who is the executor of your grandfather's estate? Your father should be in contact with that person and make sure that the estate has everything up to date, all taxes paid by the estate now so that the property is clear when it is transfered to him.

    Answer by LoveMyDog at 9:26 AM on Nov. 4, 2010

  • Is your grandfather deceased or is he giving him the property now before he passes away?

    Answer by HotMama330 at 12:29 PM on Nov. 4, 2010

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