Estate Tax vs. Inheritance Tax: What's the Difference?
These two death taxes are often confused, but they work very differently:
- Estate tax is paid by the estate of the deceased person before assets are distributed to heirs. It is based on the total value of the estate above an exemption threshold.
- Inheritance tax is paid by the heirs who receive assets. The tax rate typically depends on the relationship between the heir and the deceased — spouses and children usually pay lower rates or are fully exempt.
Most Americans will never owe either tax. The federal estate tax only applies to estates exceeding approximately $13.99 million (2026), and most state exemptions start at $1 million or more.
States With an Estate Tax (2026)
| State | Exemption | Top Rate | Notes |
|---|---|---|---|
| Connecticut | $13.61M | 12% | Matches federal exemption; only state with a gift tax |
| District of Columbia | $4.71M | 16% | Indexed for inflation |
| Hawaii | $5.49M | 20% | Highest top rate in the nation |
| Illinois | $4M | 16% | No portability between spouses |
| Maine | $6.8M | 12% | Indexed for inflation |
| Maryland | $5M | 16% | Also has inheritance tax (only state with both) |
| Massachusetts | $1M | 16% | Lowest exemption; estate taxed from first dollar once exceeded |
| Minnesota | $3M | 16% | Exemption not indexed for inflation |
| New York | $6.94M | 16% | "Cliff" provision: estates exceeding 105% of exemption lose it entirely |
| Oregon | $1M | 16% | Lowest exemption tied with Massachusetts |
| Rhode Island | $1.77M | 16% | Indexed for inflation |
| Vermont | $5M | 16% | Flat 16% rate on amount over exemption |
| Washington | $2.193M | 20% | Second highest top rate; indexed for inflation |
States With an Inheritance Tax (2026)
| State | Spouse Rate | Child/Parent Rate | Sibling Rate | Other Heirs |
|---|---|---|---|---|
| Kentucky | Exempt | Exempt | 4%–16% | 6%–16% |
| Maryland | Exempt | Exempt | 10% | 10% |
| Nebraska | Exempt | 1% (over $100K) | 11% (over $40K) | 15% (over $25K) |
| New Jersey | Exempt | Exempt | 11%–16% | 15%–16% |
| Pennsylvania | Exempt | 4.5% | 12% | 15% |
Note: Iowa phased out its inheritance tax completely as of January 1, 2025. It is no longer listed.
Federal Estate Tax Overview (2026)
The federal estate tax applies to estates exceeding the exemption threshold:
- 2026 exemption: Approximately $13.99 million per individual ($27.98 million for married couples with portability)
- Top rate: 40% on amounts above the exemption
- TCJA sunset warning: The Tax Cuts and Jobs Act doubled the exemption in 2018. This provision is scheduled to sunset after 2025, which could reduce the exemption to approximately $7 million (inflation-adjusted). Congress may extend it, but planning should account for both scenarios.
States With No Estate or Inheritance Tax
How to Minimize State Estate Tax
Common strategies to reduce or eliminate state estate tax exposure:
- Change domicile: Move to a state with no estate tax before death. Establish clear residency (voter registration, driver's license, doctors, social clubs).
- Irrevocable trusts: Assets transferred to an irrevocable trust are generally removed from your taxable estate.
- Annual gift exclusion: Gift up to $18,000 per person per year (2024) without gift tax consequences, reducing your estate over time.
- Spousal planning: Use credit shelter trusts (bypass trusts) to ensure both spouses' exemptions are fully utilized.
- Life insurance trusts (ILITs): Hold life insurance policies in an irrevocable life insurance trust to remove the death benefit from your taxable estate.
- Charitable giving: Charitable bequests reduce the taxable estate dollar-for-dollar.
These strategies have significant legal and financial implications. Consult an estate planning attorney and tax professional before implementing them.
Estate Tax Map: Which States Tax Estates?
The states with estate and/or inheritance taxes are concentrated in the Northeast and Midwest:
- Northeast: Connecticut, Maine, Massachusetts, New Jersey, New York, Pennsylvania, Rhode Island, Vermont
- Midwest: Illinois, Minnesota, Nebraska, Kentucky
- West: Hawaii, Oregon, Washington
- South: Maryland, DC
No state in the traditional Sun Belt has an estate or inheritance tax, which is one of many reasons retirees migrate to Florida, Texas, Arizona, and the Carolinas.
Related: How Retirement Income Is Taxed
If you are planning for retirement, estate tax is only one piece of the puzzle. See our retirement tax by state guide for how Social Security, pensions, and 401(k) withdrawals are taxed in each state. Use the state comparison calculator to see the full tax picture.
Frequently Asked Questions
Twelve states plus DC: Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New York, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia.
Five states: Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania. Iowa phased out its inheritance tax effective 2025.
Estate tax is paid by the estate before distribution. Inheritance tax is paid by the heirs who receive assets. Rates for inheritance tax typically vary by the heir's relationship to the deceased.
Approximately $13.99 million per individual. However, this could drop to ~$7 million if the TCJA sunset takes effect.