The estate tax in plain English
The federal government taxes very large estates when someone dies. Each person can pass a set amount, called the exclusion, free of federal estate tax. For deaths in 2026, that amount is $15,000,000 per person.1 The value above the exclusion is generally taxed at 40%.2
Married couples
Property left to a U.S. citizen spouse generally isn't taxed at the first death.2 When the first spouse dies, their executor can also elect to pass any unused exclusion to the survivor. This is called portability.1
To keep it, the executor must file a federal estate tax return (Form 706) on time, even if no tax is owed.2 Families who miss the deadline may lose the extra exclusion, although the IRS allows a late election in some cases.2
Lifetime gifts
Each year you can give up to $19,000 per person (2026) without using any of your exclusion.1 Larger gifts are reported on a gift tax return and reduce the exclusion left at death.
California
California does not have its own estate tax or inheritance tax.3 So for most California families, the federal estate tax is the one to plan around.
Common planning conversations
Families near or above the exclusion often look at a few approaches with their attorney, CPA and financial professional. Each has trade-offs, and none fits everyone.
- Making sure portability is elected at the first spouse's death.
- Lifetime gifting, including yearly gifts within the per-person limit.
- Trusts that move future growth outside the taxable estate.
- Charitable planning, which can reduce the taxable estate while supporting causes you care about.
- Planning for liquidity, so heirs aren't forced to sell a home or business to pay the tax. Some families use life insurance for this.
Want to walk through your numbers?
A short conversation can help you understand your estimate and what to bring to your estate planning attorney and CPA.
Book a time with Kevin Kevin is not an attorney or CPA. Trusts, wills and tax filings should be handled by licensed professionals.Calculation approach adapted from PlanTrellis™ by Paul Pichie, used with permission.
Sources
- Internal Revenue Service, "What's new — Estate and gift tax" (2026 basic exclusion amount of $15,000,000; 2026 annual gift exclusion of $19,000; portability election). Page updated November 3, 2026; accessed November 9, 2026.
- Internal Revenue Service, Instructions for Form 706 (07/2026) (unified rate schedule with a 40% top rate; portability requires a timely filed Form 706). Accessed November 9, 2026.
- California Legislative Analyst's Office, analysis of A.G. File No. 2017-038, November 30, 2017: "California no longer levies any taxes upon the death of an individual." Accessed November 9, 2026.