New York estate tax in 2026

New York taxes estates above $7,350,000 for deaths in 2026, and an estate a little larger than that loses the exclusion entirely. Enter the New York taxable estate to see the tax, the cliff and the rate on each dollar.

Basic exclusion 2026
$7,350,000
Credit lost entirely at
$7,717,500
Top rate
16 %
Return ET-706 due
9 months

New York estate tax for a death in 2026

$386,400

Inside the cliff: the credit shrinks to zero at $7,717,500.

Basic exclusion amount$7,350,000
105 % of it$7,717,500
Tax without any credit$705,200
Tax owed$386,400
Tax on each dollar above the exclusion257.6 %

Gifts made in the 3 years before death count in the New York taxable estate (deaths before January 1, 2032).

How this is computed
The cliff, step by step
Taxable estateTaxTax per dollar over the exclusion
$7,350,000$0n/a
$7,423,500$198,396269.9 %
$7,497,000$379,272258.0 %
$7,570,500$538,068244.0 %
$7,644,000$658,634224.0 %
$7,717,500$734,780199.9 %
$7,817,500$748,380160.1 %
$8,217,500$803,72092.6 %

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, New York owes no estate tax when the New York taxable estate is $7,350,000 or less, the basic exclusion amount set by the Department of Taxation and Finance (it was $7,160,000 in 2025). Above that line New York does not tax only the excess, as the federal system does. The applicable credit shrinks as the estate grows and disappears at 105 % of the exclusion, $7,717,500; past that point the tax is computed on the entire estate with the table of Tax Law section 952, from 3.06 % on the first $500,000 to 16 % above $10,100,000. An estate of $7,500,000 owes $386,400, an estate of $9,000,000 owes $916,400. There is no portability between spouses in New York, gifts made in the three years before death are added back, and nonresidents pay only on real estate and tangible property located in the state. The federal exclusion is $15,000,000, so most New York estates that pay state tax pay no federal tax at all.

How the New York tax is computed

The starting point is the federal gross estate, minus the deductions allowed on the federal return: debts, funeral and administration costs, the marital deduction for what passes to a spouse who is a US citizen, and the charitable deduction. Two adjustments follow. A resident's real estate and tangible property located outside New York are left out, since they are taxed, if at all, by the state where they sit. Taxable gifts made within three years of death are added back, a rule that runs for deaths before January 1, 2032 (Form ET-706 instructions). The result is the New York taxable estate.

The tax on that amount is read on the table of Tax Law section 952. Then comes the applicable credit, and this is where New York departs from every other state. At or below $7,350,000 the credit equals the tax, so nothing is owed. Between $7,350,000 and $7,717,500 the credit is the tax on a shrinking amount: the exclusion multiplied by one minus the excess divided by 5 % of the exclusion. Above $7,717,500 there is no credit.

New York estate tax for deaths in 2026, computed with the section 952 table and the 2026 basic exclusion.
New York taxable estateTaxTax per dollar above the exclusion
$7,000,000$0none
$7,350,000$0none
$7,423,500$198,396269.9 %
$7,533,750$463,190252.1 %
$7,500,000$386,400257.6 %
$7,717,500$734,780199.9 %
$9,000,000$916,40055.5 %
$12,000,000$1,386,80029.8 %

The cliff in numbers

The last column of the table is the one that matters for planning. An estate of $7,423,500, one percent over the line, owes $198,396: far more than the $73,500 by which it exceeds the exclusion. Inside the band the tax grows faster than the estate, so each extra dollar costs more than a dollar. Past $7,717,500 the curve calms down to the ordinary marginal rate of the table, 13.6 % at that level, but the estate has by then paid tax on its first dollar.

Where is your estate on the cliff?

New York estate tax for a death in 2026

$538,068

Basic exclusion amount$7,350,000
105 % of it$7,717,500
Tax without any credit$714,788
Tax owed$538,068
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Two consequences follow. A gift to charity that brings the taxable estate back to $7,350,000 can leave heirs with more money than they would have received without it, because the tax saved is larger than the gift. This is why New York wills sometimes contain a clause leaving to charity exactly the amount needed to avoid the cliff. And a valuation dispute that adds a few hundred thousand dollars to the estate can change the tax by several hundred thousand.

Married couples and the missing portability

Everything left to a spouse who is a US citizen is deducted, so the first death usually owes nothing. The problem appears at the second death. Federal law lets the survivor add the unused federal exclusion of the first spouse; New York does not. A couple worth $9,000,000 who leave everything to each other pass the whole amount to the second estate, which then owes $916,400 to New York. If the first spouse to die leaves $7,350,000 to a credit shelter trust for the survivor instead, that money is outside the second estate, and the second estate of $1,650,000 owes $0. The comparison, with other states, is on the page on married couples.

Gifts, and the three-year rule

New York has no gift tax. That makes lifetime gifts the classic way to bring an estate under the line, with one limit: taxable gifts made while a resident, within three years of death, are added back to the New York taxable estate. A gift within the federal annual exclusion of $19,000 per person is not a taxable gift and is never added back. Gifts of more than that use part of the federal lifetime exclusion and are reported on Form 709 (gifts and state estate taxes).

Nonresidents with a New York apartment or house

A person who lived in Florida or Connecticut and owned a home in New York may owe New York estate tax. Under Tax Law section 960, the tax is computed as for a resident, but on New York real estate and tangible property only; bank accounts, securities and other intangible assets are left out. The return is due when that property plus includible gifts exceeds the basic exclusion. In practice a New York apartment worth less than $7,350,000 leaves nothing to pay, but a large Manhattan property can by itself cross the cliff. The property in another state page covers the other twelve jurisdictions.

Filing and paying

Form ET-706 is due nine months after death, with an extension of up to six months to file; the tax is also due at nine months, and interest runs after that date. The Department publishes the exclusion and the forms on its estate tax pages. A return is required whenever the federal gross estate plus includible gifts exceeds $7,350,000, even if deductions bring the tax to zero. The exclusion is indexed to inflation each year: $7,160,000 in 2025, $7,350,000 in 2026.

Questions heirs and executors ask

What is the New York estate tax exemption for 2026?

The basic exclusion amount is $7,350,000 for deaths from January 1 to December 31, 2026, up from $7,160,000 in 2025. It applies to the New York taxable estate, after deductions and the gifts added back. Unlike the federal exclusion it is not portable between spouses, and it disappears entirely once the estate exceeds $7,717,500.

What happens to a New York estate just over the exclusion?

It pays tax on more than the excess. At $7,423,500 the tax is $198,396, while the estate is only $73,500 over the line, because the credit phases out over a band of 5 % of the exclusion. Above $7,717,500 the credit is gone and the whole estate is taxed from the first dollar.

Does New York tax a Florida resident who owns a condo in Manhattan?

Only on the condo and other tangible property located in New York, never on bank or brokerage accounts. The tax is computed with the resident table on that property alone, so it is zero when the New York property is worth $7,350,000 or less. A nonresident return is still needed when the whole federal estate plus gifts exceeds the exclusion.

Can a surviving spouse in New York use the unused exclusion of the first spouse?

No. New York has no portability. The federal election on Form 706 does not carry into New York, so a survivor who received everything has a single $7,350,000 exclusion. Couples whose combined estate exceeds that amount often keep the first exclusion through a credit shelter trust created at the first death.

Next pages to read

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