Taxes at death can take a real share of a large estate. Federal law applies to all 50 states, while state estate and inheritance taxes depend on where the person lived.
For someone who dies in 2026, the first $15 million of an estate passes free of federal estate tax. The comparable 2025 amount was $13.99 million.
Transfers above the exclusion face a top rate of 40 percent. In both 2025 and 2026, a donor can give $19,000 to as many people as desired without touching the lifetime exclusion. Spouses have the option to combine their gift-giving by utilizing gift splitting. This raises the combined amount a couple can give to a single person to $38,000.
A large portion of an estate’s value often comes from real estate, businesses, and rental properties. Large investment portfolios can also add to the value of an estate. A person who has these properties may need to use more sophisticated estate planning techniques as the estate’s value approaches or exceeds the federal or a state estate tax threshold.
An inheritance and estate tax planning lawyer can help families understand their options. These options range from gifting programs to trusts to charitable gifting strategies and many other techniques depending on the nature of the estate and its structure.
Here is a comparison of federal and state estate tax thresholds, and an explanation of how they affect transfer planning.
The state thresholds are where the money actually is
Massachusetts shows the gap cleanly. If a person dies on or after January 1, 2023, the state Department of Revenue sets the estate tax exemption at $2 million. Any estate value above this exemption is subject to the estate tax. A change in the 2023 exemption eliminated the prior cliff effect, which taxed the entire value of an estate if it was even a dollar above the exemption. Instead, a tax credit of up to $99,600 was introduced. This exemption is available to each decedent and cannot be carried over between spouses, unlike the federal exemption.
Estates near this value often include a fully paid-off home in a high-demand market, life insurance, and various retirement accounts. An estate valued between $2 million and $15 million falls below the federal exclusion for 2026 deaths but may exceed the threshold in some states.
Maryland imposes two death taxes
Most states that tax estates at death use one instrument. Maryland kept two.
The estate tax exemption in Maryland is $5 million for deaths in 2019 and later, and the maximum rate on the amount above it is 16 percent.
With some exceptions, inheritance tax is determined mainly by the proximity of the beneficiary’s relationship to the decedent, rather than the overall amount of the estate. In Maryland, inheritance taxes are collected by the Register of Wills. The rate is 10 percent for non-exempt beneficiaries. Exceptions apply to direct heirs and siblings as a result of a death on or after July 1, 2000. Exceptions also apply to registered domestic partners as a result of a death on or after October 1, 2023. If a 501(c)(3) tax-exempt charitable organization inherits, then they will not have to pay any inheritance tax.
Because the two taxes work differently, clients often confuse them at intake. Estates below the threshold owe no Maryland estate tax, yet a beneficiary can still owe inheritance tax, which is 10 percent for non-exempt beneficiaries.
The federal number moves, and the state ones mostly sit still
Federal exclusions are indexed, and they have climbed steadily. In the United States, states that tax estates set the threshold through the state legislature. This means that a state legislature must pass a bill to adjust the threshold, much like Massachusetts, which held its threshold at $1 million from 2006 until the 2023 change.
When planning, there is a gap between the federal estate tax threshold and state estate tax thresholds. A strategy built around a federal figure from one decade may not fit a state figure set in another.
Who receives matters more than how much
Maryland makes the general point explicit. Relationship, rather than the size of the transfer, can dictate the tax treatment of that transfer.
The same holds true for spousal, charitable, and trust transfers and lifetime gifts, whose treatment over many years can differ considerably from treatment in a single year.
Preservation has less to do with implementing a complex structure than with knowing which rules apply to the family. Two households with identical balance sheets in different states face different arithmetic, and neither of them will learn that from a federal figure.
The federal exclusion stands at $15 million for 2026 deaths, which leaves most estates outside federal estate tax. Massachusetts taxes estates above $2 million, and Maryland taxes those above $5 million. Maryland also levies a separate inheritance tax on certain heirs. Neither state indexes its figure, so any change would require action by the legislature. Outcomes for comparable estates can vary by state of residence. In Maryland, the heir’s relationship to the decedent affects the result.
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