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States with an Estate Tax or Inheritance Tax (2026)

Most Americans will never owe federal estate tax. State taxes reach further. Knowing which states apply and where their thresholds sit can change planning decisions significantly.

Twelve states and the District of Columbia levy their own estate tax on top of whatever the IRS collects, and six states go further with an inheritance tax charged to the heir directly. A resident of Oregon or Massachusetts can owe a state estate tax on an estate the IRS wouldn't blink at. Here's every jurisdiction that applies one or the other, or both.

The 12 states plus DC with an estate tax

StateApproximate exemptionTop rate
Connecticut$13 million (tied to federal)12%
Hawaii$5.49 million20%
Illinois$4 million16%
Maine$6.8 million12%
Maryland$5 million16%
Massachusetts$2 million16%
Minnesota$3 million16%
New York$6.94 million (2026 est.)16%
Oregon$1 million16%
Rhode Island$1.77 million16%
Vermont$5 million16%
Washington$2.193 million20%
District of Columbia$4 million16%

Four of the twelve states above (Connecticut, New York, Rhode Island, and Washington) were checked against a named primary source this session, alongside the federal figure itself; the rest are this site's existing model figures pending reverification. See the state dataset page for the source and verification flag behind each one.

New York has a notable "cliff" provision: if the gross estate exceeds 105% of the exemption, the entire taxable estate is subject to tax, not just the amount above the exemption. This is unusual nationally and worth planning around. Confirm current-year figures with New York's tax authority.

The 6 states with an inheritance tax

Iowa, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania levy an inheritance tax on beneficiaries. Rates vary by the heir's relationship to the decedent. Spouses are universally exempt; children receive favorable treatment in most states. Distant relatives and unrelated heirs pay the highest rates, reaching 18% in New Jersey and Nebraska.

Can you plan around a state's tax by moving?

Domicile matters. Changing legal residence to a state with no estate or inheritance tax before death can eliminate that state-level bill, but states with estate taxes scrutinize claimed domicile changes closely. Physical presence, voter registration, and where you spend most of your time all factor in. Real estate physically located in an estate-tax state may still be taxed by that state regardless of where the decedent was domiciled. Talk to an estate planning attorney if you hold property across multiple states.

An educational reference, not legal or tax advice. State legislatures revisit these thresholds often; verify current rules with the relevant state tax authority before relying on a specific figure.

Add your own state to the math

See exactly how much of your estate a specific state's exemption and rate would touch.

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What people ask about state estate and inheritance tax

Which state has the highest estate tax?

Hawaii and Washington have the highest top estate tax rates at 20%. For sheer reach, Oregon and Massachusetts stand out: their exemptions of $1 million and $2 million respectively pull in far more estates than the $15 million federal threshold ever would.

Does Texas have an estate tax?

No. Texas has no state estate tax and no inheritance tax. Texas residents whose estates fall below the federal exemption ($15 million in 2026) generally owe no estate tax at all.

Does California have an estate tax?

No. California has no state estate tax. California residents below the federal exemption owe no estate tax. California does have high income taxes, which affect beneficiaries who take distributions from inherited retirement accounts.

Can you avoid state estate tax by moving?

Changing legal domicile to a no-estate-tax state can eliminate that state's estate tax, but the change has to be genuine. States with estate taxes scrutinize these moves. Physical presence, voter registration, driver's license, primary home, and intent all matter. Real property physically located in an estate-tax state may still be taxed by that state regardless of where you are domiciled. Talk to an estate planning attorney before relying on domicile change as a strategy.

Priya Raman
About the author
Priya Raman
Contributing Writer, Policy & Regulation, Encore Editorial

This page gets rechecked more than any other guide on the site, because state legislatures adjust thresholds mid-year more often than the IRS touches the federal one. Priya keeps a standing list of which states are due for a recheck next.