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Inheritance Tax by State 2026: The 6 States That Still Tax Heirs

At a glance

Key Facts

States With Inheritance Tax
6 states: KY, NE, NJ, PA, MD, IA (Iowa fully repealed as of Jan 1, 2025)
Who Pays
The beneficiary (recipient) pays, not the estate — unlike estate tax
Spouses
Always exempt from inheritance tax in every state that has it
Children / Lineal Descendants
Exempt in most states (NJ, PA exempt children; NE and KY apply reduced rates)
Highest Rate
Nebraska at 18% for non-family members (Class III beneficiaries)
Only State With Both
Maryland has both estate tax and inheritance tax — the only state to do so
Introduction

Inheritance Tax by State 2026: Who Pays, What Rates Apply, and Who Is Exempt

Inheritance tax is one of the most misunderstood taxes in America — and it is frequently confused with estate tax. The distinction matters: estate tax is paid by the deceased person's estate before assets are distributed, while inheritance tax is paid by the individual who receives the inheritance, after the fact. A beneficiary in Nebraska or Kentucky may receive money and then owe the state a percentage of what they inherited.

As of 2026, only six states impose an inheritance tax: Kentucky, Nebraska, New Jersey, Pennsylvania, Maryland, and Iowa (though Iowa fully phased out its inheritance tax as of January 1, 2025 — it is effectively eliminated). This is in sharp contrast to estate tax, which applies in 12 states plus DC. Understanding which tax applies — and whether you or your heirs might owe it — is essential for both estate planning and inheritance planning.

The good news: most states that have inheritance tax exempt direct family members. Spouses are always exempt. Children and grandchildren are exempt in most states. The tax primarily falls on more distant relatives — cousins, friends, non-married partners, and others with no close blood or legal relationship to the deceased.

Section 01

The 6 States With Inheritance Tax: Rates, Exemptions, and Who Pays

The table below summarizes the inheritance tax rules for all six states that currently impose this tax. Note that Iowa's inheritance tax was fully repealed effective January 1, 2025 — no Iowa inheritance tax applies to deaths occurring in 2025 or later.

StateRate RangeSpouse Exempt?Children/Lineal Exempt?Non-Family RateKey Details
Kentucky0% – 16%YesYes (0% for Class A beneficiaries)16% (Class C: friends, distant relatives)Class A (spouse, parents, children, siblings) = 0%. Class B (nieces, nephews, aunts, uncles) = 4–16%. Class C (friends, non-relatives) = 6–16%. Small exemptions apply per class.
Nebraska1% – 18%Yes (exempt)Partially (1% for immediate relatives)18% (strangers and remote relatives)Immediate relatives (parents, grandparents, children, grandchildren, siblings) pay 1% above $100,000 exemption. Aunts/uncles/nieces/nephews pay 13% above $40,000. All others pay 18% above $25,000.
New Jersey0% – 16%YesYes (Class A exempt)16% (Class D: distant relatives, friends)Class A (spouse, parents, grandparents, children, grandchildren, siblings) = completely exempt. Class C (aunt, uncle, niece, nephew) = 11–16% above $25,000. Class D (friends, non-relatives) = 15–16% above $500.
Pennsylvania0% – 15%YesPartially (4.5% for lineal descendants)15% (friends and non-relatives)Spouse = 0%. Lineal heirs (children, grandchildren, parents) = 4.5%. Siblings = 12%. All others = 15%. No exemption amounts — rate applies from dollar one for taxable classes.
Maryland0% – 10%YesYes (exempt)10% (non-exempt relatives and friends)Exempt: spouse, lineal descendants and ancestors (parents, grandparents, children, grandchildren), siblings. Subject to 10%: all other beneficiaries. Maryland also has a separate estate tax.
Iowa0%N/AN/AN/AIowa fully repealed its inheritance tax effective January 1, 2025. No inheritance tax applies to deaths occurring on or after January 1, 2025. Previously taxed at rates up to 15% for non-close relatives.

Key Distinction: Inheritance Tax vs Estate Tax

These two taxes are often confused but work very differently:

Maryland is the only state that imposes both estate tax and inheritance tax. An estate in Maryland can be taxed twice: once at the estate level and again by beneficiaries who are not exempt from inheritance tax.

Section 02

Worked Example: $200,000 Inheritance in Each State

Scenario: You Inherit $200,000 From Your Uncle (Non-Exempt Relative)

This example illustrates the inheritance tax owed by a niece or nephew (not exempt in most states) receiving $200,000 from an uncle's estate.

StateApplicable RateExemptionTaxable AmountTax OwedAfter-Tax Receipt
Kentucky (Class B)4% – 16%$1,000 per Class B$199,000~$18,940~$181,060
Nebraska13%$40,000$160,000$20,800$179,200
New Jersey (Class C)11% – 16%$25,000$175,000~$18,700~$181,300
Pennsylvania15%None$200,000$30,000$170,000
Maryland10%None$200,000$20,000$180,000
Iowa0%N/AN/A$0$200,000
Any other state0%N/AN/A$0$200,000

Scenario: You Inherit $200,000 as a Child (Lineal Descendant)

StateRate for ChildrenTax Owed on $200KAfter-Tax Receipt
Kentucky (Class A)0%$0$200,000
Nebraska1% above $100K$1,000$199,000
New Jersey (Class A)0%$0$200,000
Pennsylvania4.5%$9,000$191,000
Maryland0%$0$200,000

Pennsylvania is notable for taxing lineal heirs (children and grandchildren) at 4.5% — unlike most inheritance tax states that fully exempt direct descendants. Pennsylvania has no minimum exemption for children, so even small inheritances owe tax.

Planning Strategies to Reduce Inheritance Tax

Gifting during lifetime: Assets transferred as gifts during the decedent's lifetime are generally not subject to inheritance tax. Pennsylvania has a “transfer within one year of death” rule that can claw back some gifts, but other states do not. Annual gifting programs can reduce the estate size and thus inheritance tax exposure.

Life insurance: Life insurance proceeds paid to a named beneficiary are generally not subject to inheritance tax in most states (they pass outside of probate). Pennsylvania does subject life insurance to inheritance tax in some circumstances, but this varies.

Beneficiary designations: IRAs, 401(k)s, and other accounts with named beneficiaries pass outside of probate and may have different inheritance tax treatment. Always review beneficiary designations in light of state inheritance tax rules.

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FAQ

Frequently Asked Questions

What is the difference between estate tax and inheritance tax?

Estate tax is paid by the deceased person's estate out of estate assets before distribution, while inheritance tax is paid by each individual who receives an inheritance. Estate tax is levied by 12 states plus DC and the federal government. Inheritance tax is levied by only 5 active states (Kentucky, Nebraska, New Jersey, Pennsylvania, Maryland — Iowa repealed theirs in 2025). Maryland is the only state with both. Federal estate tax has a $15 million exemption per person. Inheritance tax has no federal equivalent — there is no federal inheritance tax.

Do children have to pay inheritance tax?

It depends on the state. In Kentucky, New Jersey, and Maryland, direct lineal descendants (children, grandchildren) are completely exempt from inheritance tax. In Nebraska, children pay 1% but only on amounts above a $100,000 exemption — so for most modest inheritances, children owe nothing. In Pennsylvania, children and grandchildren pay 4.5% on everything they inherit with no exemption. If you live in Pennsylvania, planning to reduce assets passing through the estate can meaningfully reduce the inheritance tax burden on your children.

Is there a federal inheritance tax?

No. The United States does not have a federal inheritance tax. Only 5 states currently have inheritance taxes (Iowa repealed theirs in 2025). The federal government has an estate tax (paid by the estate, not the heir), but this affects only estates above $15 million per person as of 2026. Beneficiaries who live in states without inheritance tax can inherit any amount — even billions — without owing any inheritance tax at the state or federal level.

Did Iowa repeal its inheritance tax?

Yes. Iowa fully repealed its inheritance tax, effective for deaths occurring on or after January 1, 2025. Iowa had been phasing out its inheritance tax gradually: the rates were reduced by 20% per year starting in 2021, with full repeal in 2025. As of 2025 and 2026, there is no Iowa inheritance tax. Iowa residents who receive inheritances from Iowa estates owe no Iowa inheritance tax regardless of relationship to the deceased.

Does New Jersey have both estate tax and inheritance tax?

No — New Jersey repealed its estate tax in 2018, so New Jersey no longer has an estate tax. However, New Jersey does still have an inheritance tax. Close relatives (spouses, parents, grandparents, children, grandchildren, and siblings) are completely exempt. More distant relatives and non-family members (cousins, friends, domestic partners who were not legally married) pay New Jersey inheritance tax at rates from 11% to 16% on amounts above $25,000.

Can I avoid Pennsylvania inheritance tax with proper planning?

Pennsylvania inheritance tax is difficult to avoid entirely because it applies even to children (at 4.5%). Strategies to reduce it include: making gifts during your lifetime (though gifts made within one year of death can be pulled back into the taxable estate under PA law), using life insurance with named beneficiaries (which may pass outside of probate and have different tax treatment), and structuring retirement accounts with properly designated beneficiaries. Consulting a Pennsylvania estate attorney is recommended for estates above $100,000.
Disclaimer:This guide provides general tax information for educational purposes only. Inheritance tax rates, exemptions, and exempt classes of beneficiaries change through state legislation. Iowa's repeal was effective January 1, 2025. Always verify current rules with the relevant state's department of revenue, and consult a qualified estate attorney before making planning decisions.
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