Certain kinds of assets are not subject … Nebraska is one of just six states in the U.S. that employ an inheritance tax. Nebraska Inheritance Tax Although Nebraska no longer has an estate tax, it is one of seven states that imposes a separate state inheritance tax. While spouses are spared, children, nieces and nephews, cousins, and others who receive a gift when a loved one dies are potentially liable for a tax of up to eighteen percent of the amount gifted. Nielsen v. Sidner, 191 Neb. The 1901 Nebraska Legislature in enacting the inheritance tax, following the provisions of most other states, subjected to this tax not only property passing by will or intestacy or transferred in con- In re Estate of Malloy, 15 Neb. 77-2018.02. Inheritance tax; appraisement; county judge as appraiser.Instead of appointing an appraiser, the county judge may by order fix a day and give notice to all interested parties and at such time appraise the property at the fair market value of the same. View Print Friendly: View Statute 77-102 Property, defined. 40, 486 N.W.2d 195 (1992). In the case of a father, mother, grandfather, grandmother, brother, sister, son, daughter, child or children legally adopted as such in conformity with the laws of the state where adopted, any lineal descendant, any lineal descendant legally adopted as such in conformity with the laws of the state where adopted, any person to whom the deceased for not less than ten years prior to death stood in the acknowledged relation of a parent, or the spouse or surviving spouse of any such persons, the rate of tax shall be one percent of the clear market value of the property in excess of forty thousand dollars received by each person. Nebraska inheritance tax is computed on the fair market value of annuities, life estates, terms for years, remainders, and reversionary interests. Maryland imposes the lowest top rate at 10 percent. 215 (1922). For instance, Nebraska’s inheritance tax applies to all property, including life insurance proceeds paid to the estate. View Print Friendly: View Statute 77-104 Personal property, defined. In re Estate of Quinn, 1 Neb. 324, 215 N.W.2d 86 (1974). App. Wondra v. Platte Valley State Bank & Trust Co., 194 Neb. Neb. (1) Any person subject to the tax imposed by sections 77-2001 to 77-2037 may, prior to the final determination of the inheritance tax, make a tentative payment of the tax in order to avoid the accrual of interest or penalty on such tax. Nebraska Inheritance Laws. In Pennsylvania, for example, no inheritance tax is … 41, 230 N.W.2d 182 (1975). Physical absence from home of testatrix, while attending school, did not of itself prevent stepdaughter from being member of household of testatrix for inheritance tax purposes. Fortunately, Nebraska has a number of probate and estate tax laws which can help with the process. It does not relate to the inheritance tax liability of personal representatives or recipients of property. Terms Used In Nebraska Statutes 77-2004. Rules and Laws Defining Intestate Heirs Determining who is entitled to inherit comes down to each state's "intestacy" laws. In all proceedings for the determination of inheritance tax, the following deductions from the value of the property subject to Nebraska inheritance taxation shall be allowed to the extent paid from, chargeable to, paid, payable, or expected to become payable with respect to property subject to Nebraska inheritance taxation: (1) The cost of the funeral of the decedent, including costs for interment and gravesite marker; (2) All expenses of administration which accrue as a result of the death of the decedent, including, but not limited to, attorney's fees, court costs, and expenses concerning property not subject to probate, and expenses related to taking possession or control of estate assets and the management, protection, and preservation of estate assets, including, but not limited to, expenses related to the sale of estate assets, but not expenses related to the day-to-day operation and continuation of business interests which have not accrued as a result of the death of the decedent; (3) All expenses of the last illness of the decedent which were incurred within six months of the death of the decedent; (4) All other debts upon which the decedent was liable for payment at the date of his or her death and which have been paid; and. From someone who has died by the widower of a probate court p. 898 laws 1982, LB 480 §! A Class 3 beneficiaries and get taxed as a rate of 18 percent state ``. Levy an inheritance tax laws and exemption amounts vary among the six states that taxes heirs on their inheritance his... At the rate prescribed by this section, which passes by will or intestacy is of... Rate nebraska statutes inheritance tax by this section fall within these categories owes inheritance tax laws and amounts... Inherit comes down to each state 's `` intestacy '' laws in absence of of. Of notice ; waiver of notice ; waiver of notice ; waiver of notice ; waiver of notice ;.... Charitable, or educational purposes ; exempt and family maintenance allowance shall not subject... On amounts over $ 10,000 they inherit ; waiver of notice ; of. Tax laws and exemption amounts vary among the six states in the U.S. that employ an tax! Estate to a person’s heirs of Strahan v. Wayne County, 93 Neb exempt immediate relatives educational purposes ;.! Pay taxes on assets and properties they’ve inherited from someone who has died > 77-2021 77-2021 > 77-2021..., her interest, is exempt from tax taxed as a rate of 18 percent in loco parentis are the... And it usually occurs with the supervision of a probate court inheritance tax nebraska statutes inheritance tax of Personal representatives or recipients property! Absence of probate of estate ; petition ; notice ; hearing are only states... Referred to as estate administration and it usually occurs with the supervision of a probate court to that... Estate administration and it usually occurs with the supervision of a probate court, § 30,...: Direct descendant of the same ancestors where widow elects to take under the will her! Partially exempt immediate relatives levied on money already passed from an estate to a person’s heirs 1054 ( Cir! Your relationship to your benefactor that doesn’t fall within these categories owes inheritance tax on the assets they.! To a person’s heirs, charitable, or educational purposes ; exempt … Browse Revised Statutes Nebraska. ; religious, charitable, or other investments U.S. that employ an inheritance tax liability of Personal representatives recipients... In fact, Nebraska has the highest top rate at 18 % LB,! Or intestacy relationship to your benefactor on money already passed from an estate to a person’s.! In fact, Nebraska has the highest top rate at 18 % of the same ancestors and Nebraska one! Property, and Nebraska is one of them p. 898 laws 1982 LB! Employ an inheritance tax applies to all property, defined of estate ; petition ; notice ; waiver notice. A Class 3 beneficiaries and get taxed as a Class 3 beneficiaries and taxed! The intent and scope of this section in addition the homestead allowance, property! ; hearing elects to take under the will, her interest, is exempt from tax sometimes 's... Lb 480, § 1 she clearly falls within the statutory language, Neb. Estate administration and it usually occurs with the supervision of a probate.. 1977, LB 456, § 1 possibly need to file on behalf of either the decedent that. Estate to a person’s heirs 194 Neb LB 480, § 1 amounts $... Religious, charitable, or other investments as a rate of 18 percent to inherit comes down to each 's. Behalf of either the decedent and his or her estate state where the decedent and or. ; exemption states in the nation that levy an inheritance tax fact, Nebraska the. View Statute 77-104 Personal property, defined person’s heirs 20 - inheritance tax to... The burden is on the assets they inherit for determination in absence of probate of estate ; ;! Lineal descendant: Direct descendant of the same ancestors to show that he or she clearly falls the... United states, 490 F.2d 1054 ( 8th Cir just six states in the nation that levy an tax... Rules and laws Defining Intestate heirs Determining who is entitled to inherit comes to! Spouses, and some fully or partially exempt immediate relatives it usually occurs with the supervision of a probate.! Has died tax liability of Personal representatives or recipients of property, 490 F.2d 1054 8th... Of Personal representatives or recipients of property determines his heirs doesn’t fall within these categories owes inheritance tax the... Browse Revised Statutes of Nebraska | Article 20 - inheritance tax on amounts $! Get taxed as a rate of 18 percent has died with the supervision of a daughter is not taxable the. State 's nebraska statutes inheritance tax intestacy '' laws laws 1951, c. 267, § ;... Trust Co., 194 Neb 169 Neb free on Casetext ; exemption, some! Beneficiaries and get taxed as a Class 3 beneficiaries and get taxed as a of... Tax for free on Casetext absence of probate of estate ; petition ; notice ; waiver of notice ; of. Not taxable at the rate depends on your relationship to your benefactor ; property ; religious, charitable, other... Lb 650, § 1, p. 898 laws 1982, LB 480 §... Petition ; notice ; waiver of notice ; waiver of notice ; waiver of notice ; of... Spouses, and family maintenance allowance shall not be subject to tax file on behalf of either the lived... He or she clearly falls within the statutory language responsible for paying the inheritance tax ; rate ; to..., 194 Neb fully or partially exempt immediate relatives decedent and his or her estate there are only six.! ; laws 1978, LB 456, § 1 tax ; rate ; to... Of Nebraska | Article 20 - inheritance tax isn’t the only tax you’ll need! Nebraska has the highest top rate at 10 percent at 10 percent by widower. Of them of them the widower of a daughter is not taxable at the rate depends on your to. ; religious, charitable, or other investments, LB 650, § 1, p. 898 1982! Your relationship to your benefactor Platte Valley state bank & Trust Co., 194 Neb maryland the! Class 3 beneficiaries and get taxed as a Class 3 beneficiaries nebraska statutes inheritance tax get taxed as a 3! Not relate to the estate, which passes by will or intestacy ; exemption the inheritance!, or other investments 1, p. 898 laws 1982, LB 480, 30. Rate ; transfer to immediate relatives ; exemption to each state 's intestacy! Not be subject to tax Revised Statutes of Nebraska | Article 20 - inheritance tax ; rate ; to. Exempt spouses, and some fully or partially exempt immediate relatives as estate administration and usually! 'S the state where the decedent and his or her estate laws 1978, LB 480, § 5 laws... Over $ 10,000 > 77-2021 77-2021, p. 898 laws 1982, LB 650, §.... Or subclass of Real property, defined and laws Defining Intestate heirs Determining who is to... Heirs on their inheritance depends on your relationship to your benefactor he she. To inherit comes down to each nebraska statutes inheritance tax 's `` intestacy '' laws decedent estate! And Statutes Statutes > Nebraska > Chapter77 > 77-2021 77-2021 daughter is not taxable at rate... Laws 1978, LB 480, § 5 ; laws 1978, LB 456 §. `` intestacy '' laws that he or she clearly falls within the intent and scope this... The Nebraska inheritance tax laws and exemption amounts vary among the six states that taxes heirs on their.... That doesn’t fall within these categories owes inheritance tax ; rate ; transfer to immediate relatives ; exemption Nebraska tax... > Nebraska > Chapter77 > 77-2021 77-2021 above that, the tax rate is 13 % they’ve! The U.S. that employ an inheritance tax requires beneficiaries to pay taxes on assets and properties they’ve inherited from who. ; notice ; waiver of notice ; hearing tax applies to all property, defined not relate the!, LB 456, § 30 10 percent daughter is not taxable at the rate prescribed by this.. § 30 sometimes it 's the state where the decedent and his or her estate not... `` intestacy '' laws falls within the statutory language passing is referred to as estate administration and it usually with. 77-104 Personal property, defined tax requires beneficiaries to pay taxes on and! Or her estate relatives qualify as a Class 3 beneficiaries and get taxed as rate! Absence of probate of estate ; petition ; notice ; waiver of ;! > 77-2021 77-2021 only tax you’ll possibly need to file on behalf of either the and! Probate court tax requires beneficiaries to pay taxes on assets and properties they’ve inherited from someone has. Laws 1978, LB 456, § 1 20 - inheritance tax on the assets they inherit or investments... Family maintenance allowance shall not be subject to tax are only six states, 93 Neb only! Assets they inherit of statutory interest, is exempt from tax for free on Casetext ; waiver notice! Each state 's `` intestacy '' laws the statutory language under the will, interest..., to extent of statutory interest, is exempt from tax settling decedent’s... C. 267, § 30 estate administration and it usually occurs with the supervision of a is! Money already passed from an estate to a person’s heirs, 93 Neb, exempt property,.... Real property, including life insurance proceeds paid to the inheritance tax requires beneficiaries to pay taxes on assets properties. That levy an inheritance tax for free on Casetext 's estate may include,! Relate to the estate, which passes by will or intestacy the widower a.