HOTIRS, Tax FoundationMarch 2026๐Ÿ‡บ๐Ÿ‡ธ USFinance
๐Ÿ“œ

Estate Tax Exemption at $13.61M as Planning Costs Rise

With the federal estate tax exemption at $13.61 million per person in 2026, most Americans owe no federal estate tax. But 12 states plus DC impose their own estate or inheritance tax, and probate costs can consume 2-7% of your estate. Proper planning with trusts and gifting can save hundreds of thousands.

Concept Fundamentals
$13.61M
Federal Exemption
2026
13
State Tax States
incl. DC
2-7%
Probate Cost
of estate
$18K
Gift Exclusion
per person

Ready to run the numbers?

Why: Estate planning protects your family and minimizes taxes. Without a plan, probate can consume 2-7% of your estate and take months or years. State estate taxes apply in 13 jurisdictions with lower exemptions.

How: We calculate federal estate tax (40% above exemption), state estate/inheritance tax for 13 jurisdictions, probate costs by state, attorney fees by plan complexity, and trust administration costs. We compare total cost with vs without proper planning.

Federal and state estate tax exposureProbate cost by state
Methodology
๐Ÿ“œState-Aware
Includes state estate tax for 13 jurisdictions
๐Ÿ’ฐCost Breakdown
Federal tax, state tax, probate, attorney, trust admin
๐ŸŽGifting Strategy
Shows tax savings from annual gift exclusion

Run the calculator when you are ready.

Estimate Your Estate Planning CostsEnter your estate details below

๐Ÿ“‹ Quick Examples โ€” Click to Load

Total value of assets
For gift exclusion calc
estate_planning_analysis.shCALCULATED
Federal Estate Tax
$0
State Estate Tax
$0
Probate Costs
$80,000
Savings from Planning
$57,000

๐Ÿ“Š Federal Estate Tax by Estate Value

๐Ÿฉ Estate Costs Breakdown

๐Ÿ“ˆ Gifting Strategy Tax Savings Over Time

๐Ÿ—ฝ State Estate Tax Comparison

Estate Planning Summary

$57,000\text{\$}57,000

Potential savings from proper planning: $57,000. Federal estate tax: $0. State estate tax: $0. Probate costs: $80,000.

For educational and informational purposes only. Verify with a qualified professional.

Estate planning protects your assets and minimizes taxes. The federal exemption is $13.61M single ($27.22M married) in 2026. Twelve states plus DC impose estate or inheritance tax. Probate costs 2-7% of estate value. A trust-based plan typically costs $1,500-$5,000 but can save tens or hundreds of thousands in taxes and probate.

$13.61M
Federal Exemption
13
States + DC Tax
2-7%
Probate Cost
$18K
Gift Exclusion

Sources: IRS, Tax Foundation, AARP, NOLO.

Key Takeaways

  • โ€ข Federal exemption $13.61M single / $27.22M married in 2026โ€”most estates owe no federal tax
  • โ€ข State estate tax applies in 12 states + DC with lower exemptions ($1M-$6M)
  • โ€ข Trusts avoid probate (saving 2-7%) and enable advanced tax planning
  • โ€ข Annual gifting ($18K/person in 2026) reduces taxable estate over time

Did You Know?

๐Ÿ“Š 40% federal rate applies to amounts above exemption
๐Ÿ›๏ธ Probate can take 6-24 months depending on state
๐Ÿ’ผ Business succession adds $2,500+ to attorney fees
๐Ÿ“ˆ Trust admin typically 0.5-1.5% of assets annually
๐ŸŽ Married couples can gift $36K per person per year
๐Ÿ”’ Trusts provide privacyโ€”probate is public record

How Estate Planning Costs Work

Federal Estate Tax

40% on amounts above $13.61M (single) or $27.22M (married). Portability allows surviving spouses to use unused exemption.

State Taxes

CT, DC, HI, IL, ME, MA, MD, MN, NY, OR, RI, VT, WA have estate or inheritance tax. Exemptions range from ~$1M to $6M.

Probate vs Trust

Probate: court-supervised, 2-7% of estate, public. Trust: avoids probate, private, setup cost $1,500-$5,000+.

Expert Tips

Start estate planning before you think you need itโ€”incapacity can strike at any age.
Use annual gift exclusion to reduce estateโ€”$18K/person adds up over decades.
Review estate plan every 3-5 years or after major life events (marriage, divorce, births).
Consider state residencyโ€”moving from a high-tax state can save significant estate tax.

Estate Plan Complexity Comparison

Plan TypeAttorney CostBest For
Simple Will$300-$1,000Small estates, no complex assets
Revocable Trust$1,500-$3,500Avoid probate, privacy
Complex Plan$3,500-$10,000+Business, multiple states, tax planning

Frequently Asked Questions

What is the federal estate tax exemption in 2026?

The federal estate tax exemption is $13.61 million per person ($27.22 million for married couples) in 2026. Estates below this threshold owe no federal estate tax. The exemption is indexed for inflation.

Which states have estate or inheritance tax?

Twelve states plus DC impose estate or inheritance tax: Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New York, Oregon, Rhode Island, Vermont, Washington, and DC. Exemptions and rates vary by state.

How much does probate cost?

Probate typically costs 2-7% of the estate value depending on state. Attorney fees, court costs, and executor fees add up. A $500,000 estate might incur $15,000-$35,000 in probate costs. Trusts avoid probate.

What do estate planning attorneys charge?

Simple wills cost $300-$1,000. Trust-based estate plans run $1,500-$5,000+ depending on complexity. Business succession planning adds significantly. Many attorneys offer flat-fee packages for basic plans.

What is the annual gift tax exclusion?

In 2026, you can gift up to $18,000 per person per year without using your lifetime exemption. Married couples can gift $36,000 per person. Strategic gifting reduces taxable estate over time.

How much can a trust save in estate costs?

Trusts avoid probate (saving 2-7% of estate value), provide privacy, and enable tax planning. Trust administration typically costs 0.5-1.5% of assets annually. For estates over $1M, savings often exceed setup costs.

Key Statistics

$13.61M
Federal Exemption
40%
Top Federal Rate
2-7%
Probate Cost
$18K
Gift Exclusion

Official Data Sources

โš ๏ธ Disclaimer: This calculator is for educational purposes only. Estate tax laws vary by state and change over time. Consult a qualified estate planning attorney and tax professional for advice tailored to your situation. Not legal or tax advice.

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