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

What’s the Difference Between a Prenup & a Postnup? The main difference between the two contacts, of course, is that while a prenup–also known as an antenuptial agreement or premarital agreement–is...

If you’ve spent any time on Bucks County’s roadways in the past few years, you’ve probably seen the billboards: “Buzzed driving is drunk driving.” The message is clear: “I wasn’t that...

It’s easy to make legal mistakes while building your business. It happens all the time. You’re a business owner—not a lawyer. You’re focused on finding customers, making sales, training your team,...

In many cases, a divorce can be a cantankerous and highly contested proceeding. Combine personal egos with concerns about the two parties’ assets and the questions about custody of the children...

If you’re a parent who has recently experienced a divorce, it’s certainly understandable that you may feel the need to move: To a new home in your current town, say, or...

Fear: It’s a subject that most of us prefer not to dwell upon as we grow into our senior years—the time of life when our bodies, and occasionally even our minds,...

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...

Okay, the auto accident is over … now what? If you’re like most people, you’ll want to get the car repaired as soon as possible. All you can think of is...

Here’s a phrase anyone going through a divorce proceeding is likely to hear over and over: “Equitable distribution.” It’s an important term to remember, as it’s something that affects many divorce...

In the United States, credit card use is a common occurrence. The problem? When you find yourself looking at a balance due that is far larger than you can pay off...