Estate tax exemption in 2026: federal and state

The federal exemption is $15,000,000 for deaths and gifts in 2026. Twelve of the thirteen state exemptions are lower, some far lower. Enter an estate to see the federal tax, then compare with the states below.

Federal exclusion 2026
$15,000,000
Couple with portability
$30,000,000
Lowest state exemption
Oregon, $1,000,000
Rate above it
40 %

Only if portability was elected

More options

Deductible from the federal base

Federal estate tax for a death in 2026

$1,200,000

40 % of the $3,000,000 above the exclusion.

Estate plus lifetime gifts$18,000,000
Exclusion (basic plus DSUE)$15,000,000
Tentative tax$7,145,800
Credit$5,945,800
Federal estate tax$1,200,000
How this is computed
Basic exclusion amount by year of death
YearPer personMarried couple with portability
2026$15,000,000$30,000,000
2025$13,990,000$27,980,000
2024$13,610,000$27,220,000

Compiled by Radif Partners · How we calculate · figures read on the state revenue department, the statute and irs.gov · not legal or tax advice

For a death in 2026 the federal basic exclusion amount is $15,000,000 per person, set by section 70106 of Public Law 119-21, signed on July 4, 2025, which rewrote section 2010(c)(3) of the Internal Revenue Code. It was $13,990,000 in 2025 and $13,610,000 in 2024, and the law makes it indexed for inflation again from 2027, as Rev. Proc. 2025-32 states. The same amount covers lifetime taxable gifts and the estate together, so a gift above the annual exclusion uses part of it. A married couple can shelter $30,000,000 when the survivor receives the unused exclusion of the first spouse through portability. Above the exclusion the tax is 40 %: an estate of $18,000,000 owes $1,200,000. The state picture is different. 12 of the 13 jurisdictions with an estate tax exempt less than $15,000,000, from $1,000,000 in Oregon to $15,000,000 in Connecticut, and those state exemptions decide the tax for most estates that pay any.

Where the $15,000,000 comes from

The federal estate tax and the gift tax share one exemption, called the basic exclusion amount. Section 70106 of Public Law 119-21 replaced the $5,000,000 base written in section 2010(c)(3) with $15,000,000, moved the base year for inflation to 2025, and struck subparagraph (C) of the same paragraph. The amendment applies to estates of people dying, and gifts made, after December 31, 2025. The IRS confirms the figure on its estate and gift tax news page, and Rev. Proc. 2025-32 adds that the amount will be adjusted for inflation for 2027 and later years.

The exemption works through a credit. The tax is first computed on the whole taxable estate plus lifetime taxable gifts with the rate schedule of section 2001(c), then reduced by the tax that schedule would produce on the exclusion itself. On $15,000,000 that credit is $5,945,800, the basic credit amount printed in the Form 706 instructions. Since the schedule reaches its top rate of 40 % at $1,000,000, every dollar above the exclusion is taxed at 40 %.

Basic exclusion amount by year of death, as listed by the IRS.
Year of deathBasic exclusionCouple with portability
2026$15,000,000$30,000,000
2025$13,990,000$27,980,000
2024$13,610,000$27,220,000

One exemption for gifts and the estate

Gifts are counted first. A parent who gives a child $1,019,000 in 2026 has made a taxable gift of $1,000,000, after the annual exclusion of $19,000. No gift tax is due: the gift is reported on Form 709 and uses that much of the exclusion. At death the adjusted taxable gifts are added to the estate, and the credit is computed on the total. The gift tax page shows the computation for one gift, and the annual exclusion page covers the gifts that never touch the exemption at all.

Federal tax on an estate above the exemption

Federal estate tax for a death in 2026

$1,200,000

Estate plus lifetime gifts$18,000,000
Exclusion (basic plus DSUE)$15,000,000
Tentative tax$7,145,800
Credit$5,945,800
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A couple: $30,000,000 with portability

Each spouse has an exclusion. Anything left to a surviving spouse who is a US citizen is deducted without limit, so the first death usually uses little or none of it. Since 2011 the executor of the first spouse can pass the unused part, the deceased spousal unused exclusion or DSUE amount, to the survivor by filing a timely Form 706. A survivor holding a full DSUE amount dies with $30,000,000 of exclusion. A couple worth $25,000,000 that elects portability owes $0 at the second death; without the election the same estate would owe $4,000,000. The rules, and why most states do not follow them, are on the portability page.

The 13 state exemptions next to the federal one

Twelve states and the District of Columbia tax estates themselves, each with its own exemption. Only Connecticut follows the federal figure, by statute. The others are fixed amounts or are indexed on their own formula, and several are a small fraction of $15,000,000. For these estates the federal exemption is beside the point: an Oregon estate of $3,000,000 owes $205,000 to Oregon and nothing to the IRS.

State exemptions for deaths in 2026, lowest first, and the tax each state levies on a $10,000,000 taxable estate of a resident (no gifts, no property elsewhere). Washington: deaths from July 1, 2026.
Jurisdiction2026 exemption2025State tax on $10,000,000
Oregon$1,000,000$1,000,000$1,102,500
Rhode Island$1,838,056$1,802,431$979,660
Massachusetts$2,000,000$2,000,000$968,000
Minnesota$3,000,000$3,000,000$910,000
Washington$3,000,000$3,000,000$1,100,000
Illinois$4,000,000$4,000,000$926,923
District of Columbia$4,988,400$4,873,200$681,299
Maryland$5,000,000$5,000,000$800,000
Vermont$5,000,000$5,000,000$800,000
Hawaii$5,490,000$5,490,000$531,400
Maine$7,160,000$7,000,000$227,200
New York$7,350,000$7,160,000$1,067,600
Connecticut$15,000,000$13,990,000$0

The last column explains why the state matters more than the federal number for an estate of that size. A $10,000,000 estate owes no federal tax in 2026, yet it owes something in every one of these jurisdictions except Connecticut. The detail of each method, including the New York cliff and the Massachusetts credit, is on the state estate tax page.

What indexing from 2027 means

The new law brought back inflation adjustment with 2025 as the base year. The IRS publishes the amounts for future years in annual revenue procedures; until the 2027 one is out, no 2027 figure is official, and this site does not print a forecast. Section 2010(c)(3) rounds the adjusted amount to the nearest multiple of $10,000, which is why every exclusion in the IRS table ends in four zeros. Section 70106 contains no ending date: the amount it sets applies to every estate and gift after December 31, 2025, adjusted each year from 2027.

Gifts made before 2026

People who made large gifts in 2024 or 2025, when the exclusion was $13,610,000 and then $13,990,000, have used part of an exclusion that is now larger. The remaining room is simply the 2026 amount minus the adjusted taxable gifts already made. The IRS gift tax FAQ addresses this case and confirms that the $15,000,000 applies to gifts made in 2026 (IRS gift tax questions).

Questions heirs and executors ask

What is the federal estate tax exemption for a death in 2026?

It is $15,000,000 per person, the basic exclusion amount set by Public Law 119-21 of July 4, 2025. It applies to the taxable estate plus lifetime taxable gifts. Up from $13,990,000 for deaths in 2025, it will be indexed for inflation from 2027. Above it, each dollar is taxed at 40 %.

Is the $15 million exemption scheduled to drop back to a lower amount?

No reduction is scheduled. Public Law 119-21 rewrote section 2010(c)(3) with a $15,000,000 base for estates and gifts after December 31, 2025, and Rev. Proc. 2025-32 confirms it will be adjusted for inflation for 2027 and later years. A future Congress can change it, as with any tax provision, but no date is written into the law.

Can a married couple shelter $30,000,000 from federal estate tax?

Yes, when the first spouse's executor elects portability on a timely Form 706. The survivor then adds the unused exclusion of the first spouse to their own $15,000,000. The election is not automatic: without a return filed for the first death, the survivor keeps a single exclusion.

Which state has the same estate tax exemption as the federal one?

Connecticut, whose statute ties its exemption to the federal basic exclusion amount: $15,000,000 for deaths in 2026. Every other state with an estate tax exempts less, the lowest being Oregon at $1,000,000. An estate under the federal line can still owe a large state tax.

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Statutes and revenue department pages behind this page

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Results are estimates built on the 2026 thresholds and rates of each state and of the federal law, applied to the figures you type. They are not legal advice: the value of the estate, deductions, trusts, beneficiary designations and the domicile of the person who died are matters an estate attorney or a CPA has to establish for a real estate. We receive nothing from any law firm, bank or adviser.

Thresholds and rates for deaths in 2026, last checked on