Can I adversely possess your parent’s or ancestor’s house to obtain title without probate?A common question we get is: Can I Just Continue to Live in Mom’s Property that I have inherited without going through probate and eventually get title?

Most people think that if they live in the property of their deceased relative  or if they pay taxes on the property they will eventually own it.

The answer is NO. You won’t own it.

You’re just squatting in the property.

You have to go through probate to transfer a deceased person’s property to their heirs. There is no shortcut procedure.

But,  I’ve been paying on this property for 10 years of the taxes and I paid all the maintenance and upkeep. Doesn’t that mean I own it?

No, it doesn’t.

But, the taxing authority has changed the records and so they’re mailing me the bills?   Doesn’t that mean I own it?

No.  It means, you’ve been paying taxes on property that you don’t own.

So, title issues of a deceased person’s property do not solve themselves over time. You have to go through probate whether it’s an heirship or probating a will.

Our job is to diagnose that problem, find the simple solution and be able to walk forward with the people who need those services. So, I hope this has been helpful information to you. Take care.


This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, specific tax, legal or accounting advice. We can only give specific advice upon consulting directly with you and reviewing your exact situation.