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.
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 Note that Iowa's inheritance tax was fully repealed effective January 1, 2025 — no Iowa inheritance tax applies to deaths occurring in 2025 or later.
| State | Rate Range | Spouse Exempt? | Children/Lineal Exempt? | Non-Family Rate | Key Details |
|---|---|---|---|---|---|
| Kentucky | 0% – 16% | Yes | Yes (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. |
| Nebraska | 1% – 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 Jersey | 0% – 16% | Yes | Yes (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. |
| Pennsylvania | 0% – 15% | Yes | Partially (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. |
| Maryland | 0% – 10% | Yes | Yes (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. |
| Iowa | 0% | N/A | N/A | N/A | Iowa 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. |
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.
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.
| State | Applicable Rate | Exemption | Taxable Amount | Tax Owed | After-Tax Receipt |
|---|---|---|---|---|---|
| Kentucky (Class B) | 4% – 16% | $1,000 per Class B | $199,000 | ~$18,940 | ~$181,060 |
| Nebraska | 13% | $40,000 | $160,000 | $20,800 | $179,200 |
| New Jersey (Class C) | 11% – 16% | $25,000 | $175,000 | ~$18,700 | ~$181,300 |
| Pennsylvania | 15% | None | $200,000 | $30,000 | $170,000 |
| Maryland | 10% | None | $200,000 | $20,000 | $180,000 |
| Iowa | 0% | N/A | N/A | $0 | $200,000 |
| Any other state | 0% | N/A | N/A | $0 | $200,000 |
| State | Rate for Children | Tax Owed on $200K | After-Tax Receipt |
|---|---|---|---|
| Kentucky (Class A) | 0% | $0 | $200,000 |
| Nebraska | 1% above $100K | $1,000 | $199,000 |
| New Jersey (Class A) | 0% | $0 | $200,000 |
| Pennsylvania | 4.5% | $9,000 | $191,000 |
| Maryland | 0% | $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.
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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