Estate Tax Exemption 2026: Will Your Family Pay?

The “Death Tax” is scary, but for 99% of Americans, it is a non-issue. For 2026, the federal exemption has risen again, allowing families to pass on massive wealth tax-free.

BMT Legal Research Team BMT Legal Research Team · 📅 Jan 2026 · ⏱️ 4 min read · LEGAL › ESTATE
Single
~$14.3M
Tax-Free LimitHigh
Married
~$28.6M
Combined LimitPortability
Tax Rate
40%
On ExcessFlat

2026 Federal Exemption Limits

The IRS adjusts these limits annually for inflation. This is your “Coupon” against the death tax.

Filing Status 2026 Exemption (Est) Tax Liability
Single $14,300,000 $0
Married (Joint) $28,600,000 $0
Excess Value Anything Over 40% Rate
What is “Portability”?
If one spouse dies and only uses $5M of their exemption, the remaining $9.3M is “ported” to the surviving spouse. This allows the survivor to shield ~$23M+ later.
Estate Tax Impact ($20M Estate)
Tax-Free Portion $14.3M
Covered by Exemption.
Taxable Portion $5.7M
Subject to 40% Tax.
Tax Due ~$2.28M
Check written to IRS.
Estate ValueTax Status
Under $14MSafe
Over $14MPlan Now

Warning: The State Tax Trap

Just because you are safe from the IRS does not mean you are safe from your State. 12 States + DC still levy their own Estate Tax with much lower thresholds.

States with Low Exemptions (Examples)

  • Massachusetts: Taxes estates over $2 Million.
  • Oregon: Taxes estates over $1 Million.
  • Washington: Taxes estates over $2.19 Million.
  • New York: “Cliff Tax” applies if you exceed the limit by 5%.

Strategy Tip

If you live in these states and have a net worth of $3M+, you need a “Credit Shelter Trust” (Bypass Trust) to double your state exemption limit. A simple Will is not enough.

Giving It Away Early (Gift Tax)

The Estate Tax and Gift Tax are unified. You have a “Lifetime Limit” ($14.3M). Every dollar you give away over the annual limit eats into this lifetime bucket.

The Annual Exclusion (2026)

You can give $19,000 per person, per year to as many people as you want without reporting it.

  • Scenario: You give your son $19,000. Result: No tax, no paperwork.
  • Scenario: You give your son $100,000. Result: You must file Form 709. The extra $81,000 is deducted from your $14.3M lifetime limit. You still pay $0 tax now.

Frequently Asked Questions

Does Life Insurance count?
YES. This is the most common surprise. If you own a $5M life insurance policy, that $5M is added to your estate value when you die. (Solution: Put it in an ILIT – Irrevocable Life Insurance Trust).
What about Inheritance Tax?
Estate Tax is paid by the estate before distribution. Inheritance Tax is paid by the heir after receiving money. Only 6 states (IA, KY, MD, NE, NJ, PA) have Inheritance Tax.