Join our newsletter.

17 States That Tax Your Estate!

Losing a loved one is a tragedy that requires space to grieve, and the last thing a family needs at that time is to deal with unexpected costs. However, there are federal and state-level taxes that need to be handled if the decedent had an estate or property to pass on. Knowing the differences between estate tax and inheritance tax can help you plan ahead of time and navigate the process more smoothly.

Most people don’t have to worry about the federal estate tax, which excludes up to $12.92 million for individuals and $25.84 million for married couples in 2023 (up from $12.06 million and $24.12 million, respectively, for the 2022 tax year). But 17 states and the District of Columbia may tax your estate, an inheritance or both, according to the Tax Foundation.

What’s The Difference?

  • An estate tax is levied against your estate, or the whole of what you own when you die. It’s based on the total value of your cash, investments, property and other assets.
  • An inheritance tax is levied against your beneficiaries, or those who received something from you upon your death. It’s based on what they inherited and their relationship to you.

Eleven states have only an estate tax: Connecticut, Hawaii, Illinois, Maine, Massachusetts, Minnesota, New York, Oregon, Rhode Island, Vermont and Washington. Washington, D.C. does, as well. Estate taxes are levied on the value of a decedent’s assets after debts have been paid. Maine, for example, levies no tax the first $5.8 million of an estate and taxes amounts above that at a rate of 8 percent to a maximum 12 percent.

Iowa, Kentucky, Nebraska, New Jersey, and Pennsylvania have only an inheritance tax — that is, a tax on what you receive as the beneficiary of an estate. Kentucky, for example, taxes inheritances at up to 16 percent. Spouses and certain other heirs are typically excluded by states from paying inheritance taxes.

Maryland is the lone state that levies both an inheritance tax and an estate tax.

In Pennsylvania you can reduce the tax that will be eventually levied against your estate by carefully choosing who you leave your property to. The tax on proeprty left to your children in Pennsylvania is 4.5% while the tax on the same property left to your brother or sister is taxed at 12%.

At Penglase & Benson our trainned attorneys can help you reduce your inheritance taxes by carefully drafting a Will that meets your goals and needs. Call us to reduce your future taxes or to deal with your probate issues.

Related News & Articles

Writing a will is one of the basics of estate planning. It’s also something 40 percent of us avoid doing. And on some level, we can understand that. Writing a will...

You’ve just gotten married. Your new spouse has kids from a previous marriage, but at this point, you think of them as your kids too. Unfortunately, the law has other ideas,...

Moving across the country is a significant life event that brings new opportunities and challenges. One critical aspect often overlooked during this transition is the need for estate planning adjustments after...

It’s rare that we hear divorce described in a positive light. We use terms like “messy divorce,” “ugly divorce,” “painful divorce.” Then again, why shouldn’t we? The collapse of a marriage...

Expungement in Pennsylvania gives you the legal right to wipe a past mistake from your record – but not everyone qualifies, and the process is more complex than most people realize....

Bad things occasionally happen to good contract parties. Let’s assume you’ve done everything right in the negotiation process. You’ve been transparent about risk; honest about your capabilities; and pellucid in setting...

The Hidden Dangers of Misusing Prescribed Medications Prescription drug abuse, though often overshadowed by illegal drug cases, carries significant legal consequences that can affect every aspect of a person’s life. From...

Moving to a new state or country can signify an exciting new chapter in your life. However, this shift in residency also brings forth changes in laws, regulations, and even personal...

If you have been in a car accident, you have a lot on your mind. You are probably wondering if you will have to pay for repairs, and whether your insurer...

Divorce is an arduous process, made even more difficult when children are involved. One of the key questions concerning children and divorce is “Who will get custody?” It’s likely to be...