Estate and Gift Tax FAQ

Will my estate have to pay federal estate tax after I die?

Most estates -- more than 99.5% -- don't. The federal government imposes estate tax at your death only if your taxable estate is worth more than $5.49 million (for deaths in 2017). Assets left to a surviving spouse (as long as the spouse is a U.S. citizen) pass free of estate tax, no matter what the value. This rule became applicable to same-sex married couples in June 2013, when the U.S. Supreme Court struck down parts of the federal Defense of Marriage Act as unconstitutional. Assets left to a tax-exempt charity are also exempt from estate tax.

Talk to an Attorney

Need a lawyer? Start here.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you

Legal Information & Books from Nolo

NOLO-web2:DRU1.6.12.2.20161011.41205