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

Ask any Doylestown child custody lawyer, and they’ll tell you many of their clients are in a pretty rough emotional state. Divorce is never easy, but it’s important not to lose...

Spend time traveling between Pennsylvania and New Jersey, you’ll start to notice little differences, on everything from gas pumps to state government. Another key difference: DUI laws. Although both states take...

Starting the process of separation brings its own challenges, especially when dividing up the life you’ve built together. Among the practical hurdles, figuring out how to split household items fairly can...

Your lawyer will discuss the payment of your medical bills in detail with you. In summary, your medical bills may be paid by one or more of the following methods: a....

In a perfect world, child custody negotiations would run smoothly every time. There’d be no need for us to write this blog post, let alone focus on this practice area. But...

DOYLESTOWN, PA, December 22, 2016 — After decades in the North Main Street location, the attorneys at Penglase & Benson have decided to begin 2017 in a new home. But this...

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?...

It’s Friday night. It’s been a long hard week. You go out with some friends and have a little too much to drink. You can’t get a ride home and you...

There’s change in the air when it comes to Pennsylvania marijuana laws and drug crimes. Earlier this month, the state began allowing people with medical marijuana cards to buy marijuana in...