Nebraska Revised Statutes

Neb. Rev. Stat. § 77-2018.07 (2026)

Inheritance tax; tentative payment of tax; when; application; consent of county attorney required; procedure for payment of tentative tax

✓ current as of July 2026

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(1) Any person subject to the tax imposed by sections 77-2001 to 77-2037 may, prior to the final determination of the inheritance tax, make a tentative payment of the tax in order to avoid the accrual of interest or penalty on such tax. Any person who desires to pay such tentative inheritance tax shall make a written application to the county court for an order allowing the payment of a sum specified in such application, prior to the final determination of the inheritance tax due.

(2) If the county attorney shall not consent to the amount requested in the application by entering his or her voluntary appearance and waiver of notice, he or she shall within seven days of the filing of the application show in writing what sum he or she requests for the purpose of the prepayment. The county court shall issue an order allowing a tentative payment of the tax in such amount as the court shall specify.

(3) The county treasurer shall receive all taxes paid pursuant to this section but shall not be required to invest any tentative tax payment made for the benefit of the estate nor shall the county treasurer be required to pay interest on any refund claim for the period he or she holds the tentative tax payment.

(4) The tentative tax payment allowed in this section shall apply to both probate and nonprobate estates. The tentative tax payment shall not be a final order and may be amended, altered, or modified by subsequent order of the court.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2000–2023 · leading case: In re Hessler Living Trust, 985 N.W.2d 589 (Neb. 2023).

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In re Hessler Living Trust, 985 N.W.2d 589 (Neb. 2023). · cites it 7× “On October 22, the county court issued an order allowing payment of tenta- tive inheritance tax pursuant to Neb. Rev. Stat. § 77-2018.07 (Reissue 2018).”

In re Est. of Marsh, 307 Neb. 893 (Neb. 2020). · cites it 2× “It stated that Marsh “reserve[d] the right at any time 1 See Neb. Rev. Stat. § 77-2018.07 (1) (Reissue 2018).”

Cnty. of Lancaster v. Union Bank & Trust Co., 615 N.W.2d 481 (Neb. 2000). · cites it 2× “Pursuant to Neb. Rev. Stat. § 77-2018.07 (Reissue 1996), Cordell paid a tentative tax in the amount of $23,880.”

— Neb. Rev. Stat. § 77-2018.07(1) — 1 case

In re Hessler Living Trust, 985 N.W.2d 589 (Neb. 2023). “On October 22, the county court issued an order allowing payment of tenta- tive inheritance tax pursuant to Neb. Rev. Stat. § 77-2018.07 (Reissue 2018).”

— Neb. Rev. Stat. § 77-2018.07(4) — 1 case

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