Many people worry about "death taxes"—the informal term for taxes that the federal or state governments might impose on the transfer of your property when you die. Currently, only the very rich will owe federal estate taxes, so unless your estate (the sum of the property you leave behind when you die) is larger than $13.99 million, your estate won't need to pay the federal estate tax. (This threshold amount is subject to change with the political climate, though, and has changed rather dramatically over recent years.)
Some state governments, however, also impose a state estate tax or inheritance tax, which might apply even if your estate does not owe the federal estate tax. About a dozen states, including New York and Illinois, still have a state estate tax. The threshold amount that triggers a state estate tax varies by state, but it's typically lower than the federal threshold; in other words, you might owe state estate tax even if you don't owe federal estate tax. The lowest state threshold is $1 million. Several states have repealed their state estate tax, including Delaware, New Jersey, North Carolina, Ohio, and Tennessee.
Separately, a few states, namely Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania, still impose a state inheritance tax. Each state's rules vary, but whether your inheritors will owe inheritance tax usually depends on how much you own at your death and each inheritor's relationship to you. (Your close family members pay lower or no inheritance tax, compared to more distant family members or friends.) Indiana and Iowa have recently repealed their state inheritance tax.
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Below are states that currently impose (or used to impose) a state estate or inheritance tax. Choose your state to learn more about its death tax laws, including the threshold amounts that trigger the tax.
Connecticut
Delaware
District of Columbia
Hawaii
Illinois
Indiana
Iowa
Kentucky
Maine
Maryland (estate tax)
Maryland (inheritance tax)
Massachusetts
Minnesota
Nebraska
New Jersey
New York
North Carolina
Ohio
Oregon
Pennsylvania
Rhode Island
Tennessee
Vermont
Washington
Below are states that currently impose (or used to impose) a state estate or inheritance tax. Choose your state to learn more about its death tax laws, including the threshold amounts that trigger the tax.
The Tax Cuts and Jobs Act of 2017 doubled the federal estate tax exemption, making federal estate taxes an issue for only the very rich.
Even an estate that doesn't owe a federal death tax might still owe a state death tax.
Only five states still impose an inheritance tax.
Very few people ever need to pay federal gift tax.
Quick answers to basic questions about estate and gift tax.
With the "annuity" variety of this trust, you may be able make a donation and have tax-free money left over for your family.
Does income tax on the amount transferred to a marital bypass trust become due immediately upon death?
Very few estates—only those larger than $13.99 million—might owe federal estate tax.
If you own your life insurance policy, it could be subject to estate and gift taxes. Learn when these taxes apply and how to avoid them.
In November 2020, California voters passed Proposition 19, which, in part, limits the ability to avoid property tax reassessment when property passes between parents and children.
Keep the proceeds of your life insurance policy out of your taxable estate.
Making gifts during your life can provide you with tax savings and more.
Naming a minor as the beneficiary of an IRA might not be the best choice.
Give to charity and get a tax benefit.
The 529 savings account can be used for retirement and estate planning, too.
Does income tax on the amount transferred to a marital bypass trust become due immediately upon death?
This kind of trust can defer estate taxes for wealthy couples.
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At Nolo, we prioritize quality and transparency because we know how important reliable legal information is to our readers. Our information is meticulously researched, regularly updated, and written in plain English by our experienced writers and editors. Learn more about our editorial standards.