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

Most lawyers have a policy of withholding money from the settlement, court award or verdict to pay those doctors and medical facilities that are willing to wait to be paid when...

Almost all of my personal injury clients come to me while they are still in pain. The treatment always seems the same: First, they went to the hospital where limited x-rays...

You got probation and can breathe a huge sigh of relief now that you know you aren’t going to jail. But don’t forget, you aren’t free yet. Probation comes with conditions...

Whether it’s Google or the corner grocery store, every business needs a lawyer. “Wait a second,” you might be saying. “I can see why Google would need a lawyer. Facebook, sure....

Relocating to a new state can be a thrilling time, full of new opportunities and experiences. However, you must be aware of the legal aspects, particularly concerning personal injury claims in...

You drive this road every day. You know every turn, every stoplight, every sign. Every day, it’s pretty much the same drive. Then one day, it’s a different drive. You have...

Do you have a landfill lurching over your backyard? Is your next-door neighbor a nightclub? If not, you can thank your local zoning laws.   What is zoning? What is zoning?...

One of the most often asked questions in a Chapter 7 bankruptcy is “what will happen to my property?” The answer depends on whether the property is “secured” or “unsecured.” Unsecured...

Divorce can be a frightening experience, partly because there is so much uncertainty involved. You look to the future and see only questions that you can’t answer “Where do I go...

After the incident which caused your injury, the person, persons or company that you claim may be responsible for your injury was contacted by the insurance company. Either the person who...