Nebraska Inheritance Tax Planning
Last updated: 18 Oct 2025 • Author: Alexander Foelsche CPA (US), WP (DE), RE (CH)
Nebraska Inheritance Tax — Planning Strategies
Nebraska’s inheritance tax is computed at the county level and turns on beneficiary relationship classes (as amended by LB310 for 2023+). Planning focuses on who receives Nebraska-situs property, what is located in Nebraska at death, and how valuations, exemptions, and evidence are documented for the County Court.
Key planning levers
1) Beneficiary class optimization (LB310)
- Shift Nebraska-situs assets toward closer relationship classes (e.g., lineal heirs) that enjoy larger exemptions/lower rates.
- Use specific bequests or trust subshares so Nebraska property passes to favorable classes, while non-NE assets can fund bequests for more remote beneficiaries.
- Keep relationship proof (birth/marriage/adoption certificates) ready for the court’s class determination.
2) Situs management (what is in Nebraska at death)
- Nonresidents: consider holding vacation homes/boats/vehicles in a way that avoids Nebraska tangible situs at death (storage/use outside NE, timing of moves, evidence of location).
- Residents and nonresidents: intangibles (brokerage/stock) are typically governed by domicile and generally not taxed in NE unless business situs is created—avoid NE-centered management, books/records, or agency that imply situs.
- For entity interests, document that the interest is an intangible; avoid facts that convert to Nebraska business situs.
3) Charitable & exempt transfers
- Use charitable bequests to reduce Nebraska-taxable transfers; pair with lifetime gifts when appropriate.
- Coordinate TOD deeds/beneficiary designations with the LB310 class effects—nonprobate transfers are still considered for inheritance tax.
- For blended families, combine charitable lead/tail with class-favorable distributions of NE property.
4) Valuation & discounts
- Obtain USPAP-compliant appraisals for Nebraska real property (effective date = date of death).
- Consider fractional interest or lack-of-marketability discounts for closely held interests when supported by qualified reports.
- For tangibles (equipment, art, livestock), assemble bills of sale, guides, expert statements, and location evidence.
5) Liquidity & lien clearance
- Budget cash for county tax within the statutory payment window (commonly 12 months) to avoid interest.
- For pending sales/refinances, plan early to get the Order Determining Inheritance Tax and the County Treasurer’s Receipt that title underwriters require.
6) Document pathways & evidence
- Keep an evidence binder: appraisals, deeds/parcel IDs, storage/garaging records, relationship proof, beneficiary matrix.
- Draft a beneficiary/class schedule that the court can adopt into the Order—reduces questions and accelerates hearings.
Residents vs. Nonresidents — planning contrasts
| Topic | Residents | Nonresidents |
|---|---|---|
| What can be taxed | Transfers to Nebraska heirs based on class; focus on which NE-situs assets remain at death. | Only NE real property and tangible property; intangibles generally excluded unless business situs is created. |
| Primary lever | Allocate NE-situs assets toward favorable classes; use charitable tools. | Manage situs (where the property physically is) and venue (which county). |
| Documentation | USPAP appraisals; class/relationship proof; clean beneficiary schedules. | Same as residents plus location evidence for tangibles and storage/usage records. |
| Closings | Coordinate Order + Treasurer Receipt before recording deeds. | Same; for multi-county holdings, clear liens in each county. |
Implementation workflows
Estate plan update (before death)
- Inventory NE-situs assets (real/tangibles) and identify beneficiary classes.
- Retitle or relocate tangibles where appropriate; avoid NE business-situs facts for intangibles.
- Revise will/trust to steer NE assets toward favorable classes or charity.
- Set TOD/beneficiary designations consistent with the plan.
Filing playbook (after death)
- Order appraisals; build the LB310 class matrix (exemptions/rates applied).
- Prepare petition, beneficiary/class schedule, and proposed Order.
- Coordinate Treasurer payoff and obtain the Receipt; deliver to title/escrow.
FAQs
Do nonprobate transfers (TOD, beneficiary designations) avoid Nebraska inheritance tax?
No. Nebraska inheritance tax applies to transfers at death regardless of probate status. Account for them in the court schedule.
Can I avoid Nebraska tax by putting Nebraska real estate into an LLC?
Entity interests are generally intangibles, but facts can create a business situs in Nebraska. Don’t assume an automatic exclusion—document facts carefully and consult counsel.
What evidence moves the needle most at the hearing?
USPAP appraisals, detailed beneficiary/class schedules with LB310 citations, and clear location evidence for tangibles. Bring draft orders that the Judge can adopt.
How do I minimize interest if valuations are slow?
Ask the Treasurer for an estimated payoff and consider partial payments; request an expedited hearing once appraisals are ready.
