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Inheritance: Definition, How It Works, and Taxes

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What Is an Inheritance?

An inheritance is the set of assets that an individual bequeaths to their loved ones upon their death. It may be subject to inheritance taxes. A recipient may inherit the assets as an heir, or they may be named as a 澳洲幸运5开奖号码历史查询:beneficiary in a wi🍸ll, retirement plan, or life insur🌱ance policy.

Key Takeaways

  • An inheritance is the set of assets passed down after someone dies.
  • Most inheritances are simply cash in a bank account. Others consist of stocks, bonds, cars, jewelry, automobiles, art, antiques, real estate, and other tangible assets.
  • Those who receive an inheritance may be subject to inheritance taxes, where the more distantly related a beneficiary is to the decedent, the larger the inheritance tax is likely to be.
  • Six U.S. states levy inheritance taxes: Iowa, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania.
  • A decedent’s assets are divided according to their will through the probate process. If there is no will, the court will appoint an administrator to divide assets according to state laws.

How an Inheritance Works

In most countries, inheritance assets are subject to 澳洲幸运5开奖号码历史查询:inheritance taxes, where beneficiaries may find themselves saddled with tax liabilities. The rates of an inheritance tax depend on a host of factors, including a beneficiary’s state of residence, the value of the inheritance, and the beneficiary’s relationship to the decedent.

The six U.S. states that levy inheritance taxes are Iowa, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania. In most of these states, any assets that are bequeathed to a spouse are exempt from inheritance taxes. In some cases, children are also exempt, or they may face lower rates of taxation.

Fast Fact

An inheritance tax differs from an estate tax, which is aꦡ levy on the transfer of a deceased person’s estate. But estate taxes do not apply to assets left to a spouse or to federally recognized charities, in most cases.

Beneficiaries with no familial ties 💖to the decedent are typically subject to higher inheritance taxes than beneficiaries who are clos🦩ely related to the decedent.

Consider the following example: In Nebraska in 2024, a parent, grandparent, sibling, child, or other lineal descendants (including adopted children) paid an inheritance tax of 1% on assets exceeding $100,000. By contrast, relatives who were further removed from the decedent paid higher inheritance taxes up to a rate of 15%.

Fast Fact

Life in♐surance is not subject to inheritance taxes.

The Probate Process

Probate is the legal process by which a decedent’s assets are divided among their heirs and beneficiaries, according to their will and state laws. If the decedent died with a will, that will is reviewed by a probate court, which appoints an executor for the decedent’s estate. The executor is then responsible for dividing the estate among the people named in the will and any 澳洲幸运5开奖号码历史查询:creditors.🌳 Any disputes are resolved through probate cﷺourt.

A person who dies without a will, or with an invalid will, is said to have died 澳洲幸运5开奖号码历史查询:intestate. In this circumstance, the probate court will appoint an administrator of the estate to div▨ide the assets according to state laws.

Beneficiaries vs. Heirs

There is a distinction between a beneficiary and an heir. Beneficiaries are individuals named in a will, while heirs are people who are entitled to receive a decedent’s property by intestate succession, a set of rules created to 澳洲幸运5开奖号码历史查询:sort out inheritance matters in the absence of a will.

What Can You Do to Avoid Inheritance Taxes?

An inheritance tax is a state tax on the estate of a decedent. In most cases, inheritance taxes are based on the size of the inheritance ꧟and the beneficia🌌ry’s relationship to the deceased.

You can reduce the inheritance tax burden on your beneficiaries by placing your assets in a trust, or by gifting assets to your beneficiaries while you are still living. Another option is to take out a 澳洲幸运5开奖号码历史查询:life insurance policy and name your heirs as beneficiaries. Life insurance payouts are not subject to inheritance taxe🏅s.

How Can You Avoid Taxes on a 401(k) Inheritance?

If you inherit a 401(k) from a spouse, the conventional wisdom is to roll the sum into your own 澳洲幸运5开奖号码历史查询:individual retirement account (IRA). This allo♉ws y﷽ou to defer taxes until you start taking distributions.

If you inherit a 401(k) from a parent, it’s a little more complicated. The first step should be to consult the plan documents to determine what options are available. Most advisors caution against a lump-sum distribution, which would incur greater taxes than you would otherwise. A five- or 10-year distribution allows you to spread out the tax burden and allows 澳洲幸运5开奖号码历史查询:interest to compound. Some plans also allow distributions over your calculated 澳洲幸运5开奖号码历史查询:life expectancy, under very specific conditions.

Can You Protect an Inheritance From a Chapter 13 Bankruptcy?

If you receive an inheritance within 180 days of filing 澳洲幸运5开奖号码历史查询:Chapter 13 bankruptcy, your trustee may require you to pay the sum into your bankruptcy plan. It’s more complicated for inheritan🥂ces received more than 180 days after a bankruptcy filing—most courts have ruled that thesﷺe windfalls should be repaid to creditors, but some courts have allowed the inheritor to keep the money.

How Do I Find Out If I Have an Unclaimed Inheritance?

According to the U.S. government, the first step to finding unclaimed assets is to check your state’s office. This is wh𝓡ere the state collects records of unpaid wages, unclaimed bank accounts, and heirs who could not be located.

If you are uncertain about the contents of a will, the first step i🎐s to contact the decedent’s executor. In addition, their will should be filed with the local county recorder.

What Is Probate?

Probate is a legal process that determines the validity and authenticity of a will. Probate is also the general administration of a deceased person’s will or the estate of a d😼eceased person without a will. This involves collecting the deceased’s assets to pay any liabilities that remain on their estat💛e and to distribute the assets to beneficiaries.

The Bottom Line

While nobody enjoys thinking about their death, a well-structured estate plan ca🍌n save your heirs and beneficiaries from a lot of legal unpleasantries. Moreover, it can also ensure that they receive as much money as possible, without losing too much to taxes.

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  1. Tax Policy Center. “”

  2. Tax Foundation. "."

  3. U.S. General Services Administration. "."

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