A state inheritance tax calculator determines whether beneficiaries owe tax on assets they inherit and calculates the amount due based on their relationship to the deceased person. Unlike the federal estate tax (which is imposed on the total estate), inheritance taxes are imposed on individual beneficiaries who receive assets. Only six states currently levy an inheritance tax: Iowa (being phased out, fully repealed after 2024), Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania. Tax rates and exemptions depend primarily on the beneficiary's relationship to the decedent, with closer relatives receiving more favorable treatment. Inheritance taxes predate both the federal estate tax and the federal income tax in American history. Pennsylvania enacted the first state inheritance tax in 1826, and by the early 1900s, nearly every state had some form of inheritance or estate tax. The trend has reversed dramatically in recent decades: in 2000, approximately 25 states had inheritance or estate taxes, compared to only 17 states (including the District of Columbia) with either form of death tax today. Iowa became the latest state to repeal its inheritance tax, completing a phaseout in 2024 that began in 2021. The classification system used by inheritance tax states divides beneficiaries into classes based on their relationship to the decedent. Class A (closest relatives: spouse, children, parents, grandchildren) typically receives the highest exemptions and lowest rates (often fully exempt). Class B (siblings, nieces, nephews, sons-in-law, daughters-in-law) faces moderate rates (typically 5-15%). Class C or D (unrelated individuals, friends, distant relatives) faces the highest rates (up to 15-18%). Charitable organizations and governmental entities are generally exempt from inheritance tax regardless of the state. Maryland is the only state that imposes both an estate tax and an inheritance tax, creating a unique double-taxation situation. However, estate taxes paid are typically credited against inheritance taxes owed, preventing full double taxation in most cases. Understanding state inheritance tax obligations is essential for estate planning, particularly when the decedent owned property in multiple states or when beneficiaries reside in different jurisdictions.
Inheritance Tax = (Value of Inheritance - Class Exemption) x Tax Rate for Beneficiary Class Worked Example (Pennsylvania): Inheritance received by sibling: $500,000 Beneficiary class: Class A-1 (siblings) - Rate: 12% Exemption: $0 (Pennsylvania has no exemption for siblings) Inheritance tax: $500,000 x 12% = $60,000 Worked Example (New Jersey): Inheritance received by niece: $200,000 Beneficiary class: Class C - Rate: 11-16% Exemption: $500 Taxable amount: $199,500 Inheritance tax: approximately $28,725 (graduated rates)
- 1Determine whether the decedent's state of residence imposes an inheritance tax. The inheritance tax applies based on where the deceased person lived (their domicile), not where the beneficiary lives. If a New Jersey resident dies and leaves assets to a beneficiary in Florida, the New Jersey inheritance tax applies even though Florida has no inheritance or estate tax. For real property and tangible personal property located in an inheritance tax state but owned by a non-resident, the state may still impose inheritance tax on those specific assets through ancillary jurisdiction.
- 2Identify each beneficiary's relationship class under the applicable state's classification system. Each inheritance tax state defines its own relationship classes with corresponding exemptions and rates. Surviving spouses are exempt from inheritance tax in all six states. Children and lineal descendants are exempt in most states (Pennsylvania is a notable exception, taxing transfers to children at 4.5%). Siblings, nieces, nephews, and in-laws typically fall into an intermediate class with moderate rates. Unrelated beneficiaries and distant relatives face the highest rates.
- 3Calculate the taxable inheritance for each beneficiary by subtracting any applicable exemption from the value of assets received. Exemptions vary significantly by state and beneficiary class. New Jersey provides a $25,000 exemption for Class C beneficiaries and a $500 exemption for Class D. Kentucky provides a $1,000 exemption for Class B beneficiaries and a $500 exemption for Class C. Nebraska provides a $40,000 exemption for immediate family, $15,000 for remote relatives, and $10,000 for unrelated beneficiaries. The value of the inheritance is generally the fair market value of the assets at the date of death.
- 4Apply the appropriate tax rate to the taxable inheritance amount. Most states use graduated rates within each class, meaning higher inheritance amounts are taxed at progressively higher rates. Pennsylvania is an exception, using flat rates: 0% for surviving spouses, 4.5% for lineal descendants, 12% for siblings, and 15% for all others. Nebraska uses flat rates by class: 1% for immediate family (above exemption), 11% for remote relatives, and 15% for unrelated persons. New Jersey and Kentucky use graduated rate schedules within each class.
- 5File the inheritance tax return with the applicable state revenue department. Filing requirements and deadlines vary by state: Pennsylvania requires filing within nine months of death (Form REV-1500), New Jersey requires filing within eight months (Form IT-R or IT-NR), Kentucky requires filing within 18 months (Form 92A200 series), and Nebraska requires filing within 12 months (Form 500). Some states offer discounts for early payment: Pennsylvania offers a 5% discount if the tax is paid within three months of death. Late filing incurs interest and penalties in all states.
- 6Account for assets that may be exempt from inheritance tax regardless of the beneficiary class. Common exemptions include: life insurance proceeds payable to a named beneficiary (exempt in most inheritance tax states), jointly held property with right of survivorship (treatment varies by state), certain retirement account distributions, property passing to charitable organizations, property passing to governmental entities, and small estates below a minimum threshold. Pennsylvania exempts certain farmland and family-owned businesses from the 4.5% rate for lineal descendants under specific conditions.
- 7Coordinate inheritance tax planning with federal estate tax planning and state estate tax planning (in states like Maryland that impose both). Strategies to minimize inheritance tax include: leaving assets to exempt beneficiaries (spouse, charity), making lifetime gifts (which may be exempt from inheritance tax if made more than one year before death in some states), using life insurance (often exempt from inheritance tax), creating trusts that may reduce the inheritance tax base, and relocating domicile to a non-inheritance-tax state. However, states may challenge domicile changes that appear motivated solely by tax avoidance.
Pennsylvania is unique among inheritance tax states in taxing transfers to children and grandchildren at 4.5%. A $750,000 inheritance to a child incurs $33,750 in tax. If paid within three months of death, a 5% discount applies, reducing the tax to $32,062.50. Surviving spouses are fully exempt, so if the same amount passed to a spouse, no tax would be owed.
In New Jersey, siblings are Class C beneficiaries with a $25,000 exemption and graduated rates from 11% to 16%. Taxable amount: $275,000. The first $25,000 over the exemption is taxed at 11%, the next amounts at graduated rates up to 16%. New Jersey exempts children, grandchildren, parents, and spouses from inheritance tax (Class A beneficiaries receive an unlimited exemption).
Kentucky Class C beneficiaries (unrelated individuals) receive only a $500 exemption and face graduated rates from 6% to 16%. On a $99,500 taxable inheritance: 6% on the first $10,000 ($600), 8% on the next $10,000 ($800), and progressively higher rates up to 16% on amounts over $200,000. The total tax of approximately $14,850 represents about 15% of the inheritance.
Nebraska uses a straightforward flat-rate system. Remote relatives (aunts, uncles, nieces, nephews, and their descendants) receive a $15,000 exemption and pay 11% on the excess. Taxable amount: $185,000. Tax: $185,000 x 11% = $20,350. Nebraska's system is simpler than states with graduated rates but can result in higher effective rates on smaller inheritances.
Estate planning attorneys in inheritance tax states must account for the additional tax layer when drafting wills and trusts. A common strategy is to maximize bequests to exempt classes (spouse, children in most states, charities) and minimize direct bequests to taxable classes (siblings, friends, distant relatives). Trusts can sometimes be structured to reduce inheritance tax exposure, though most states have anti-avoidance rules that look through trusts to the ultimate beneficiaries.
Executors and personal representatives must calculate, report, and pay inheritance taxes for each beneficiary, which adds complexity to estate administration. In states with inheritance tax, the executor may need to withhold tax from distributions or require beneficiaries to pay their share before receiving assets. Failure to collect and remit inheritance tax can result in personal liability for the executor.
Real estate professionals in inheritance tax states must understand the tax implications of inherited property. When a beneficiary inherits real property in Pennsylvania, for example, the 4.5% inheritance tax on a $400,000 property ($18,000) must be paid before the property can be transferred cleanly. Title companies and settlement agents often require proof of inheritance tax payment or lien waiver before processing transfers of inherited real estate.
Legislative analysts and tax policy researchers study inheritance taxes as a case study in state tax competition. The steady decline in the number of states imposing inheritance taxes (from nearly all states to just six) demonstrates how mobile taxpayers and political pressure can drive state tax policy. States that maintain inheritance taxes face ongoing pressure from residents who can reduce or eliminate the tax simply by changing their legal domicile to a non-inheritance-tax state.
Charitable remainder trusts (CRTs) and charitable lead trusts (CLTs) present
Charitable remainder trusts (CRTs) and charitable lead trusts (CLTs) present complex inheritance tax issues in states that impose the tax. When a trust splits benefits between charitable and non-charitable beneficiaries, the inheritance tax treatment depends on the state's rules for valuing present and future interests. Some states exempt only the charitable portion, while others may look through the trust to tax distributions to non-charitable beneficiaries as they occur. The interaction between federal charitable deductions and state inheritance tax exemptions requires careful planning by the estate attorney.
IRAs and retirement accounts have unique inheritance tax treatment.
In most inheritance tax states, distributions from inherited IRAs are subject to inheritance tax based on the account value at the date of death (not the distribution amount, which may include post-death growth). The SECURE Act's 10-year distribution requirement for most non-spouse beneficiaries does not change the inheritance tax calculation, which is based on the date-of-death value. Some states provide partial exemptions for retirement account inheritances.
Same-sex married couples are now treated identically to opposite-sex married
Same-sex married couples are now treated identically to opposite-sex married couples for inheritance tax purposes in all states, following the Supreme Court's 2015 Obergefell decision. However, unmarried partners (including domestic partners registered in states that recognize that status) may not receive the spousal exemption from inheritance tax. Pennsylvania and some other states have made efforts to extend certain inheritance tax benefits to registered domestic partners, but the protection is not universal.
| State | Spouse | Children/Parents | Siblings | Others | Filing Deadline |
|---|---|---|---|---|---|
| Kentucky | Exempt | Exempt | 4-16% | 6-16% | 18 months |
| Maryland | Exempt | Exempt | 10% | 10% | 9 months |
| Nebraska | Exempt | 1% (over $100K) | 11% (over $15K) | 15% (over $10K) | 12 months |
| New Jersey | Exempt | Exempt | 11-16% | 15-16% | 8 months |
| Pennsylvania | Exempt | 4.5% | 12% | 15% | 9 months |
Which states have an inheritance tax?
As of 2025, five states impose an inheritance tax: Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania. Iowa completed its phaseout of inheritance tax after 2024. Maryland is unique in imposing both an estate tax and an inheritance tax, though credits generally prevent full double taxation.
Do surviving spouses pay inheritance tax?
No. Surviving spouses are exempt from inheritance tax in all states that impose one. This exemption applies regardless of the amount inherited. Domestic partners and unmarried partners, however, are generally treated as unrelated individuals and face the highest inheritance tax rates unless the state specifically recognizes their status.
Is life insurance subject to inheritance tax?
In most inheritance tax states, life insurance proceeds payable to a named beneficiary are exempt from inheritance tax. However, if life insurance is payable to the estate (rather than a named beneficiary), the proceeds become part of the estate and may be subject to inheritance tax when distributed to beneficiaries. Always name specific beneficiaries on life insurance policies to preserve this exemption.
Can I avoid inheritance tax by making gifts before death?
Some states have lookback periods that treat gifts made shortly before death as part of the taxable inheritance. Pennsylvania does not have a gift tax or lookback period, so lifetime gifts can effectively avoid the inheritance tax (though federal gift tax rules still apply). New Jersey and other states may include gifts made in contemplation of death. Consult a tax advisor in your specific state before relying on gifting strategies.
What happens if the decedent owned property in multiple states?
If the decedent owned real property or tangible personal property in an inheritance tax state but was domiciled elsewhere, that state may impose inheritance tax on those specific assets. Conversely, if the decedent was domiciled in an inheritance tax state, the tax generally applies to all worldwide personal property (bank accounts, investments, etc.) regardless of where the assets are located. Real property is always taxed by the state where it is situated.
Is there a federal inheritance tax?
No. The federal government imposes an estate tax (on the total estate) but not an inheritance tax (on individual beneficiaries). Only six states impose inheritance taxes. The distinction matters: estate tax is paid by the estate before distribution, while inheritance tax is owed by each beneficiary based on what they receive and their relationship to the decedent.
Pro Tip
If you live in an inheritance tax state and want to leave assets to non-exempt beneficiaries (siblings, friends, or distant relatives), consider using life insurance as the transfer vehicle. Life insurance proceeds payable to a named beneficiary are generally exempt from state inheritance tax, allowing you to transfer wealth to these individuals without the 10-18% tax hit. A $100,000 life insurance policy payable to a sibling in Pennsylvania avoids $12,000 in inheritance tax that a direct bequest would incur.
Did you know?
Pennsylvania's inheritance tax is one of the oldest continuously operating taxes in American history, first enacted in 1826. The original tax applied only to estates of decedents who died without a will (intestate estates) and was designed to compensate the state for the cost of administering estates through the orphans' court system. Over the years, it expanded to cover all inheritances regardless of whether the decedent had a will. Today, Pennsylvania's inheritance tax generates over $1 billion annually in state revenue, making it one of the state's most significant tax sources.