Nebraska Probate Form 510 - Application To Pay Tentative Inheritance Tax

WHEN TO USE THE FORM: Any person subject to payment of inheritance tax may apply to the Court to pay a specific sum and avoid the accrual of interest. Neb. Rev. Stat. § 77-2018.07. This form is appropriate for estates where a delay of a final inheritance tax determination is necessary but the twelve (12) month deadline is approaching.

HOW TO USE THE FORM: The form is to be filed with the Court together with Form 500 with the appropriate box marked to designate both the worksheet and the voluntary appearance as "tentative tax."

If the County Attorney does not consent to the amount requested in the application by entering a voluntary appearance and waiver of notice, the County Attorney shall within seven (7) days of the filing of the application show, in writing, the sum requested for the purpose of prepayment. Neb. Rev. Stat. § 77-2018.07(2). The County Court may enter an Order to Allow Payment of Tentative Inheritance Tax, Form 511.

WHEN NOT TO USE THE FORM: Do not use form if a final determination of inheritance tax has previously been made. This form is not to be used when a contingency situation described in Neb. Rev. Stat. § 77-2008.01 is present. An example of a contingency would be a life estate followed by a remainder interest when the remaindermen will not be known until the termination of the life estate. See also Neb. Rev. Stat. § 77-2008.02 for payment of inheritance taxes when a remainder interest is involved.

COMMENTS: The County Treasurer may refund an overpayment of tentative tax, but there is no requirement to pay interest on the refund claim. Neb. Rev. Stat. § 77-2018.07(3). If inheritance tax is erroneously paid to the County Treasurer, refund may be claimed pursuant to Neb. Rev. Stat. § 77-2018.