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Inheritance and Estate Taxes are two separate taxes that are often referred to as 'death taxes' since both are occasioned by the death of a property owner.  Kentucky Inheritance and Estate Tax Laws can be found in the Kentucky Revised Statutes, under Chapters: 

​140
Inheritance and Estate Taxes 
​386B.1-090
Uniform Trust Code - Nonjudicial Settlement Agreements
​386B.7-080
Uniform Trust Code - Compensation of Trustee
​391
Descent and Distribution
​392
Dower and Curtesy
​394
Wills
​395
Personal Representatives
​396
Claims Against Decedents' Estates
​397
Uniform Simultaneous Death Act 


Definitions can be found on pages 9 and 10 of the Guide to Kentucky Inheritance and Estate Taxes.


​Estate Tax

There is no Kentucky estate tax. For more information, see page 2 of the Guide to Kentucky Inheritance and Estate Taxes.


Inheritance Tax

The inheritance tax is a tax on a beneficiary’s right to receive property from a deceased person. The amount of the inheritance tax depends on the relationship of the beneficiary to the deceased person and the value of the property.

Generally, the closer the relationship the greater the exemption and the smaller the tax rate. All property belonging to a resident of Kentucky is subject to the tax except for real estate located in another state. Also, real estate and personal property located in Kentucky and owned by a nonresident is subject to being taxed.

If the inheritance tax is paid within nine months of date of decedent’s death, a 5 percent discount is allowed. The tax due should be paid when the return is filed. However, if the beneficiary’s net inheritance tax liability exceeds $5,000 and the return is filed timely, an election can be made to pay the tax in 10 equal annual installments.

The first installment is due at the time the return is filed. The portion of the tax deferred is charged with interest at the rate established by law beginning 18 months after the date of death.


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Prior Year Inheritance and Estate Tax Forms

Additional Resources

Guide to Kentucky Inheritance & Estate Taxes  (01/2021)​​​​

Classes of Beneficiaries

Class A

  • surviving spouse
  • parent
  • child
  • grandchild
  • brother
  • sister
  • half-brother or half-sister

Class B

  • niece
  • nephew
  • half-niece
  • half-nephew
  • daughter-in-law
  • son-in-law
  • aunt
  • uncle
  • great-grandchild

Nieces and nephews by marriage and great-nieces and great-nephews are Class C beneficiaries. Class B beneficiaries receive a $1,000 exemption and the tax rate is 4 percent to 16 percent. See the tax chart on page 6 of the Guide to Kentucky Inheritance and Estate Taxes.

Class C

Include all persons not included in Class A or Class B.

  • Cousins are considered Class C beneficiaries.

Class C beneficiaries receive a $500 exemption and the tax rate is 6 percent to 16 percent. See the tax chart on page 6 of the Guide to Kentucky Inheritance and Estate Taxes.​​


Inheritance and Estate Tax forms are current as of Tax Year 2012.


Affidavit of Exemption

If all taxable assets pass to exempt beneficiaries, and a Federal Estate and Gift Tax Return is not required, an Affidavit of Exemption will be accepted by the court for final settlement and closing of the administration of an estate. It is not necessary to file a No Tax Due Inheritance Tax Return with the Department of Revenue. If an Affidavit of Exemption is submitted to the Court, do not send a copy of the affidavit to the Kentucky Department of Revenue.


Filing and Payments

A tax return must only be filed by the personal representative when any part of the estate passes to taxable beneficiaries or a Federal Estate and Gift Tax Return is required to be filed.​


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