Most estates owe no federal estate tax thanks to a large exemption amount, but that exemption is scheduled to change, and a number of states impose their own estate or inheritance tax at much lower thresholds. This calculator estimates your potential exposure based on your current net worth.
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An estate planning attorney evaluates strategies to reduce estate tax exposure - trusts, lifetime gifting, and other techniques - well before the exemption reduction takes effect. Free initial consultation in most areas.
The federal estate tax applies only to the value of an estate exceeding a large exemption amount, adjusted periodically for inflation - meaning the vast majority of estates owe no federal estate tax at all. Only the portion of the estate above the exemption threshold is taxed, at rates that can reach up to 40% for the largest estates.
Married couples can generally combine their exemptions through "portability" (allowing a surviving spouse to use any unused exemption from a deceased spouse) if properly elected on a timely filed estate tax return, effectively doubling the exemption available to the couple's combined estate. This election requires action even when no tax is currently owed, making it an easy step to overlook without proper planning.
Use the living trust vs will comparison to evaluate broader estate planning tools alongside tax-specific strategies.
The federal estate tax exemption amount is set by legislation and has changed multiple times in recent decades, including scheduled reductions under certain laws unless Congress acts to extend or modify them. Because exemption changes can significantly affect which estates owe tax, and because meaningful estate tax planning (trusts, gifting strategies) often takes time to properly implement, waiting until a change is imminent can limit your available options.
Given the uncertainty around exact future exemption levels, search for the most current information or consult an estate planning attorney to confirm today's applicable exemption amount and any legislative changes that may affect your specific planning timeline.
Estate tax is assessed against the estate itself, based on its total value, before distribution to beneficiaries - both the federal government and some states impose this. Inheritance tax, imposed by a smaller number of states, is instead assessed against individual beneficiaries based on what they personally receive and their relationship to the deceased (spouses and children are often exempt or receive favorable rates, while more distant relatives or unrelated beneficiaries may face higher rates).
A few states impose both, and rates, exemptions, and rules vary significantly by state - if you live in (or own significant property in) a state with either tax, state-specific planning is important regardless of your federal exemption exposure, since state thresholds are often dramatically lower than the federal exemption. Our living trust vs. will guide and power of attorney builder cover related estate planning documents.