States With Estate Tax or Inheritance Tax in 2026: Full List
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Quick Answer
Twelve states and the District of Columbia charge an estate tax and five states charge an inheritance tax for deaths in 2026; Maryland is the only one on both lists (statutes and revenue-department pages read October 21, 2026). The estate-tax jurisdictions are Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New York, Oregon, Rhode Island, Vermont, Washington and DC. The inheritance-tax states are Kentucky, Maryland, Nebraska, New Jersey and Pennsylvania. The 2026 exclusion runs from $1,000,000 in Oregon to $15,000,000 in Connecticut, which uses the federal figure, and the top rate is 12% in two places, 16% in nine and 20% in Hawaii and Washington. On the same $6,000,000 taxable estate the tax is $0 in New York, Connecticut and Maine and $542,500 in Oregon (our arithmetic). Kentucky changed its inheritance-tax classes this year: nephews and nieces are in Class A for deaths on or after January 1, 2026.
Key Takeaways
- Exclusions for 2026 deaths: Oregon $1,000,000, Rhode Island $1,838,056, Massachusetts $2,000,000, Minnesota and Washington $3,000,000, Illinois $4,000,000, DC $4,988,400, Maryland and Vermont $5,000,000, Hawaii $5,490,000, Maine $7,160,000, New York $7,350,000 and Connecticut $15,000,000. The federal exclusion is also $15,000,000 (Rev. Proc. 2025-32), so in every one of the thirteen except Connecticut the state tax starts below the federal line.
- Top rates: 12% in Connecticut and Maine; 16% in Illinois (the top of its credit table; the loop in its formula keeps the rate actually reached lower), Maryland, Massachusetts, Minnesota, New York, Oregon, Rhode Island, Vermont and DC; 20% in Hawaii and, from July 1, 2026, Washington (35% for deaths from July 1, 2025 to June 30, 2026, per RCW 83.100.040 and session law 2026 c 209).
- Only New York has a true cliff: its credit shrinks to nothing between $7,350,000 and $7,717,500 and the whole estate is then taxed from the first dollar. Illinois has a steep slope, not a drop: 28.57% on the first slice above $4,000,000 (our arithmetic). Everywhere else the tax begins at zero at the exclusion and climbs.
- Portability of a late spouse’s unused state exclusion exists only in Maryland (if a Maryland return was filed for the first death) and Hawaii (up to $5,490,000). New York, Illinois and Washington say in writing that it does not apply; the statutes we read for the other states contain no such provision.
- Gifts do not always escape: New York and Minnesota add back taxable gifts made within three years of death, Vermont two years, Maine one year, and Connecticut adds Connecticut taxable gifts since 2005. Hawaii reduces the exclusion by taxable gifts; Illinois counts adjusted taxable gifts in its computation (an Attorney General example turns $3,000,100 plus $1,000,000 of gifts into $28 of tax); Massachusetts counts them only for the filing test.
- Inheritance taxes depend on the heir, not the estate: on $6,000,000 left to an adult child Pennsylvania takes $270,000 and New Jersey $0; left to a niece the same $6,000,000 costs $900,000 in Pennsylvania, $953,000 in New Jersey and $655,600 in Nebraska (our arithmetic).
- Owning a rental in a state you do not live in is enough for most of them: every estate-tax state in the table below taxes a nonresident’s real property there, and Nebraska taxes any part of a nonresident’s property inside the state. Fund shares and LLC interests are treated differently from state to state; Kentucky’s nonresident rule is not verified.
- Three repeals people still ask about are confirmed: Delaware’s estate tax for deaths after December 31, 2017, Iowa’s inheritance tax for deaths on or after January 1, 2025, and New Jersey’s estate tax for deaths on or after January 1, 2018.
CSV · 235 rows
State estate and inheritance taxes for 2026 deaths: exclusions, rates, gift and portability rules, nonresident rules, repeals and a $6 million example
235 rows: exemptions, top rates and rule rows for 17 jurisdictions, the DC, Hawaii, Maine, Massachusetts and Rhode Island rate tables, inheritance classes, nonresident rules, three repeals, and 21 rows of $6 million examples (our arithmetic).
The estate-tax list: 12 states and DC
An estate tax is paid by the estate, on the value that is left after debts, expenses and the marital and charitable deductions. The table gives, for each jurisdiction, the 2026 figure, the top rate, whether the schedule has a cliff, whether a late spouse’s unused exclusion carries over, and whether gifts are pulled back. “None found” means the sections we read contain no such rule, not that we proved there is none.
| Jurisdiction | Exclusion, 2026 deaths | Top rate | Cliff? | Portability | Gifts added back | Law |
|---|---|---|---|---|---|---|
| Washington | $3,000,000 (deaths from July 1, 2026; $3,076,000 for January 1 to June 30, 2026) | 20% over $9,000,000 | No | No (Department of Revenue) | None found | RCW 83.100.020, 83.100.040 |
| Oregon | $1,000,000 | 16% over $9,500,000 | No | None found | None found | ORS 118.010 |
| New York | $7,350,000 | 16% over $10,100,000 | Yes: no credit above $7,717,500 | No | Yes, 3 years (deaths before January 1, 2032) | Tax Law 952, 954 |
| Minnesota | $3,000,000, subtracted from the estate | 16% over a taxable estate of $10,100,000 | No | None found | Yes, 3 years | Minn. Stat. 291.016, 291.03 |
| Illinois | $4,000,000 | 16% at the top of the credit table (over $10,040,000); the tax is computed in a loop, so the marginal rate reached is lower (our Illinois page) | No drop; 28.57% slope above $4,000,000 | No (Attorney General) | Yes, adjusted taxable gifts count toward the $4,000,000 | 35 ILCS 405/2 |
| Maryland | $5,000,000 plus a late spouse’s unused amount | 16% cap on the credit used | No | Yes | None found | Tax-General 7-309 |
| Massachusetts | $2,000,000 filing threshold; $99,600 credit | 16% (Table B) | No | None found | Counted for the filing test only | G.L. c. 65C, 2A |
| Connecticut | $15,000,000 (the federal amount) | 12%; tax capped at $15,000,000 | No | None found | Yes, Connecticut taxable gifts since 2005 | Gen. Stat. 12-391 |
| Vermont | $5,000,000 | 16% over $5,000,000 | No | None found | Yes, 2 years | 32 V.S.A. 7442a |
| Maine | $7,160,000 | 12% over $13,160,000 | No | None found | Yes, 1 year | 36 M.R.S. 4103; MRS 706ME |
| Rhode Island | $1,838,056 (credit $87,940) | 16% over $10,040,000 | No | None found | None found | R.I. Gen. Laws 44-22-1.1 |
| Hawaii | $5,490,000 | 20% over $10,000,000 | No | Yes, up to $5,490,000 | Taxable gifts reduce the exclusion | HRS 236E-6, 236E-8 |
| District of Columbia | $4,988,400 | 16% over $10,000,000 | No | None found | None found | D.C. Code 47-3702 |
We have a full page on eight of them, each built from the statute and the department’s own forms: Washington (three rate schedules in 12 months), Oregon (the failed SB 1511), New York (the cliff, solved to the dollar), Minnesota (the three-year gift add-back), Illinois (the 28.57% slope), Maryland (estate and inheritance tax together), plus New Jersey and Pennsylvania below. The federal side, including the $15,000,000 exclusion and portability, is in our federal estate tax exemption guide.
Where the rest of the table comes from. Connecticut’s schedule applies 12 percent to the excess over the federal basic exclusion amount, and the same section caps the tax at fifteen million dollars (Conn. Gen. Stat. 12-391). DC’s Office of Tax and Revenue states that estates of decedents who died in 2026 “have an exclusion amount of $4,988,400.00” and prints a table that starts at 11.2% and ends at 16.0% above $10,000,000. Hawaii’s schedule runs from 10% to 20% on the Hawaii net taxable estate, and the statute ties the exclusion to the federal amount “as if the decedent died on December 31, 2017”, which the Form M-6 puts at $5,490,000 for the portable amount. Maine Revenue Services publishes $7,160,000 for 2026 and $7,000,000 for 2025, although the statute copy we saved (36 M.R.S. 4102) still prints $5,600,000; we used the figure on the department’s form. Massachusetts and Rhode Island both run the old federal state-death-tax credit table and subtract a fixed credit, $99,600 in Massachusetts and $87,940 in Rhode Island for 2026, which is why tax starts at zero near $2,000,000 and $1,838,056 and not with a jump (our arithmetic). Vermont’s statute is one line: nothing under $5,000,000 and 16 percent of the excess.
The inheritance-tax list: five states
An inheritance tax is paid by each heir on what that heir receives, and the rate depends on the relationship. A spouse and children are usually free; a niece, a friend or a business partner is not.
| State | Pays nothing | Middle rate | Highest rate | Exempt amount and timing |
|---|---|---|---|---|
| Pennsylvania | Surviving spouse; a parent inheriting from a child aged 21 or younger | 4.5% on direct descendants and lineal heirs; 12% on siblings | 15% on other heirs | Due 9 months after death; 5% discount within 3 months; a $3,000 exclusion on transfers made in the last year |
| New Jersey | Class A: spouse, child, grandchild, parent, grandparent | Class C (brother, sister, child-in-law): first $25,000 free, then 11%, 13%, 14%, 16% | Class D (nieces, nephews, friends): 15% on the first $700,000, 16% above | Return due within 8 months; a gift of a material part of the estate within 3 years of death is presumed taxable |
| Maryland | Spouse, child and descendants of a child, brother, sister, grandparent and others in 7-203 | None: one rate | 10% of the clear value for everyone not exempt | No tax if the property to one person does not exceed $1,000 |
| Nebraska | Surviving spouse; any heir under 22 | 1% over $100,000 per person (parents, grandparents, siblings, children and descendants); 11% over $40,000 (uncles, aunts, nieces, nephews) | 15% over $25,000 per person for everyone else | Rates for deaths on or after January 1, 2023; gifts within 3 years of death for which a gift tax return is required are treated as made in contemplation of death |
| Kentucky | Class A: parent, spouse, child, grandchild, brother, sister and, since 2026 deaths, nephew and niece | Class B (daughter-in-law, son-in-law, aunt, uncle, great-grandchild): 4% to 16% | Class C (everyone else): 6% to 16% | A state budget report gives Class B $1,000 and Class C $500 of exemption and a 5% discount within 9 months; the statute with those numbers (KRS 140.080) could not be loaded |
The Kentucky change is new. KRS 140.070 was amended by 2026 Ky. Acts ch. 198, effective April 27, 2026, and the Legislative Research Commission note says the amendment applies to estates of decedents who died on or after January 1, 2026. The Class A paragraph now lists “nephew, niece, or a nephew or niece of the half blood” beside brothers and sisters, and a Kentucky state budget report from fiscal years 2008 to 2010 shows nephews and nieces in Class B. A niece who would have paid Class B rates before now sits in the class that the state budget report calls totally exempt. The pages that still show Kentucky’s old classes, including our own federal guide’s sentence that a niece and a daughter can owe very different inheritance tax in Kentucky, should be read with this in mind.
Our deep pages on the others: Pennsylvania has the asset-by-asset rules and the 67-county valuation factors, New Jersey the waiver forms for real estate, and Maryland how the inheritance tax paid is subtracted from the estate tax. Nebraska’s statutes put the nonresident rule in plain words: property passes by will or intestacy from a resident, “or, if the decedent was not a resident, any part of the property within this state”.
If you live in one state and own a rental or fund shares in another
The question a landlord asks first is whether a state that is not their home can tax a building inside it. For nearly every state on this page the answer is yes for real property. Fund shares are the harder question, because a share of a fund is intangible property and many statutes tie intangibles to where the owner lived. We include a row only where the text we read is clear.
| Jurisdiction | Nonresident who owns a rental there | Nonresident who owns shares of a fund or LLC that owns property there |
|---|---|---|
| Washington | Yes: a nonresident with Washington real estate or tangible property must file | Not taxed as a Washington asset: the Department says a business entity is intangible even when it owns real estate |
| Oregon | Yes: the ratio uses real property and tangible personal property located in Oregon | Not in the ratio (intangible); our reading |
| New York | Yes: real and tangible property with actual situs in New York | Left out: Tax Law 960(b) excludes intangible personal property of a nonresident |
| Minnesota | Yes | Looked through: property owned through a partnership, S corporation, single-member LLC or similar entity is treated as personally owned, except exchange-traded entities |
| Illinois | Yes: only real estate and tangible property physically in the state | Not Illinois property for a nonresident (intangible); our reading |
| Maryland | Estate tax yes: a nonresident whose estate includes Maryland real or tangible property | Not verified; the inheritance-tax rule for nonresidents was not read |
| Massachusetts | Yes: Form M-706 and M-NRA; only Massachusetts real and tangible property enters the computation (deaths from August 1, 2025) | Outside the computation (intangible) |
| Connecticut | Yes: real property and tangible personal property in the state | Disregarded and looked through in three cases: no profit business, no valid business purpose, or a retained-interest transfer |
| Vermont | Yes: the tax is scaled by the Vermont gross estate, which excludes property with situs outside Vermont | Intangibles take the owner’s domicile as situs, so a nonresident’s fund shares are outside; our reading |
| Maine | Yes: the resident tax times Maine real and tangible property over the adjusted federal gross estate | Looked through if the entity does not actively carry on a business |
| Rhode Island | Yes: real estate with actual situs in the state has tax situs there | Intangibles have tax situs only for a resident |
| Hawaii | Yes: real property or tangible property with a situs in the state | A single-member LLC wholly owned by the decedent is disregarded |
| District of Columbia | Yes: the resident tax times the share of the gross estate with taxable situs in DC | Intangibles take the owner’s domicile as situs, except those used in a DC business |
| New Jersey | Yes: real or tangible property in the state of a nonresident decedent | Not taxed: the Division says a partnership interest is intangible |
| Pennsylvania | Yes: real property and tangible personal property in Pennsylvania | Not taxed under the flat-rate method: real property and tangible property are the only taxable assets for a nonresident |
| Nebraska | Yes: any part of the property within the state | Not verified for fund shares |
| Kentucky | Not verified: the nonresident statute was not loaded | Not verified |
Two warnings. First, a nonresident usually still files in the home state too, and the credit for tax paid to another state differs by state; the arithmetic in the “same estate” section below assumes everything sits in one state. Second, who owns the building matters: a rental held through an LLC can be treated as the building itself in Minnesota, Maine and Connecticut, and as an intangible in Washington. Our deep pages work those cases for Washington, Minnesota, Illinois and Oregon.
The same $6 million estate in each state: the tax owed
All the figures below are our arithmetic from each statute’s own table, for a $6,000,000 taxable estate (what is left after debts, expenses and the marital and charitable deductions) of a single resident with all property in the state, no taxable gifts and a 2026 death. We only computed states where we have the full table.
| State | Tax owed (our arithmetic) | Share of the $6,000,000 | How it is built |
|---|---|---|---|
| Oregon | $542,500 | 9.04% | $482,500 plus 12% of the $500,000 above $5,500,000 |
| Illinois | $456,071 | 7.60% | Solver on our Illinois page; the Illinois tax is deducted from the estate it is computed on |
| Rhode Island | $422,860 | 7.05% | Adjusted estate $5,940,000: $402,800 plus 12% of $900,000 is $510,800, less the $87,940 credit |
| Massachusetts | $411,200 | 6.85% | Same table: $510,800 less the $99,600 credit |
| Washington | $390,000 | 6.50% | $3,000,000 left after the exclusion lands exactly on the 16% band, which starts at $390,000 |
| Minnesota | $390,000 | 6.50% | 13% of the $3,000,000 left after the $3,000,000 subtraction |
| Maryland | $160,000 | 2.67% | 16% of the $1,000,000 above $5,000,000 (no inheritance tax if it all goes to a child) |
| Vermont | $160,000 | 2.67% | 16% of the $1,000,000 above $5,000,000 |
| District of Columbia | $121,299 | 2.02% | The 2026 worksheet’s band over $6,000,000 starts at $121,299 |
| Hawaii | $51,000 | 0.85% | $6,000,000 less $5,490,000 is $510,000, taxed at 10% |
| New York | $0 | 0.00% | Below the $7,350,000 exclusion |
| Connecticut | $0 | 0.00% | Below the $15,000,000 exemption |
| Maine | $0 | 0.00% | Below the $7,160,000 exclusion |
The spread is $542,500 between Oregon and the three states with no tax at this size, on identical assets. Washington and Minnesota land on the same $390,000 by different routes. Our federal guide shows that no federal tax is due at any of these sizes, because the federal exclusion is $15,000,000.
For the five inheritance-tax states the estate size matters less than the heir. The same $6,000,000, left to one heir:
| State | Adult child (our arithmetic) | Niece (our arithmetic) | Note |
|---|---|---|---|
| Pennsylvania | $270,000 | $900,000 | 4.5% and 15% of the whole amount |
| New Jersey | $0 | $953,000 | Class A pays nothing; Class D is 15% of $700,000 plus 16% of $5,300,000 |
| Nebraska | $59,000 | $655,600 | 1% over $100,000 and 11% over $40,000 |
| Maryland | $160,000 (estate tax) | $600,000 (inheritance tax, which replaces the $160,000 estate tax) | A child is exempt from the inheritance tax; the niece pays 10% and the credit wipes out the estate tax |
| Kentucky | Not computed | Not computed | Both are Class A under the 2026 text of KRS 140.070, but the exemption text in KRS 140.080 could not be loaded |
A real household would use the marital deduction and usually has several heirs, and the Pennsylvania, New Jersey, Nebraska and Kentucky rates apply to each heir’s share separately, so one heir is the worst case.
What changed in 2025 and 2026
- Washington cut the top rate from 35% back to 20% for deaths on or after July 1, 2026 (Chapter 209, Laws of 2026), and the exclusion went from $3,000,000 to $3,076,000 on January 1, 2026 and back to $3,000,000 on July 1, 2026, per the Department of Revenue tables. Our Washington page works the three dates.
- Kentucky moved nephews and nieces into Class A (above).
- Massachusetts now excludes out-of-state real and tangible property from the computation for deaths on or after August 1, 2025 (2025 Mass. Acts ch. 9, sec. 35), according to the Department’s Form M-706 instructions; the copy we saved is marked draft as of October 17, 2025.
- Oregon’s SB 1511, which would have raised the threshold to $2,500,000 for 2027 deaths, sat in the House Committee on Revenue in the Legislature’s record; the League of Women Voters reports it did not pass out of committee. The Oregon page has the bill’s rate table.
- Hawaii adopts the federal code as of December 31, 2024 for 2025 and later deaths (HRS 236E-3), so changes made by the July 2025 federal law are not automatically in its base (our reading); its exclusion has its own formula.
- Indexed figures move every January 1: New York ($7,160,000 for 2025), Maine ($7,000,000), Rhode Island ($1,802,431) and DC ($4,873,200) each published a different 2025 number, so the 2027 numbers will differ from the table above.
- Repealed: the Delaware estate tax (Sections 1501 through 1507 of Title 30, repealed by chapter 52 of the Delaware session laws, House Bill 16 approved July 2, 2017, for estates of decedents dying after December 31, 2017), Iowa’s inheritance tax (“not applicable for deaths occurring on or after 1/1/25”, Iowa Department of Revenue) and New Jersey’s estate tax (“No New Jersey Estate Tax is imposed on the estates of decedents who die on or after January 1, 2018”). New Jersey still has its inheritance tax, described on our New Jersey page.
We did not read the statute books of the other 34 states; the list rests on the 17 jurisdictions above, each read from its own statute or revenue department, and on the three repeals we confirmed.
What a reader can do with this
- Find your exposure by two facts: where you were living when you die, and where each building sits. Someone who lives in a state with no death tax and owns a rental in Massachusetts, Oregon or Maryland is in the nonresident table; a resident of Oregon with a rental in Arizona is in the Oregon column for the whole estate, less the out-of-state share.
- Measure the margin to the line. If your estate is within a few hundred thousand dollars of an exclusion, the arithmetic in the “same estate” section shows how sharply the bill grows above it; in New York the credit disappears above $7,717,500.
- Check the heir, not just the estate, in Pennsylvania, New Jersey, Nebraska, Kentucky and Maryland, where a niece or a friend can owe a six-figure bill on the same bequest that costs a child nothing.
- Check the gift window. In New York and Minnesota a gift within three years of death saves nothing; in Vermont the window is two years and in Maine one.
- Check portability. Only Maryland and Hawaii carry a late spouse’s unused exclusion, so in the other states a couple’s first exclusion can be lost if the first spouse leaves everything to the survivor. A bypass trust is a drafting job for an estate-planning attorney, not a calculation on this page.
- Get the filing deadlines in front of you: the estate tax return is due 9 months after death in Illinois, Maryland, Massachusetts, Minnesota, New York and Washington, 10 months in DC and 8 months for the New Jersey inheritance tax.
The decision, and who makes it. The plan is drafted by an estate-planning attorney admitted in the state of residence and in any state where you own real estate, and the returns are prepared by that attorney or a CPA who files estate returns. Appraisals of buildings and fund interests come from credentialed appraisers. A financial adviser’s part is the liquidity plan for a bill that can reach six figures within nine months. Nothing here is a recommendation to give, bequeath or move anything. For the income-tax side of an inherited rental see our step-up in basis guide, and for what probate does to the property, our probate guide.
This is analysis of public documents, not investment, legal or tax advice.
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Sources, read and saved on October 21, 2026: Connecticut General Statutes chapter 217 (12-391); D.C. Code 47-3701, 47-3702 and 47-3703 and the Office of Tax and Revenue 2026 D-76 instructions and computation worksheet; Hawaii Revised Statutes 236E-2, 236E-3, 236E-6, 236E-7 and 236E-8 and Form M-6 (Rev. 2025); Maine 36 M.R.S. 4102, 4103 and 4104, Maine Revenue Services Estate Tax (706ME) page and the 2026 Form 706ME instructions; the Massachusetts Department of Revenue guide to estate taxes (copy updated October 25, 2024) and the Form M-706 instructions for deaths on or after August 1, 2025 (copy marked draft as of October 17, 2025); Rhode Island General Laws 44-22-1.1, ADV 2025-27 (December 30, 2025), Form RI-706 (revised 11/2025) and its 2025 instructions; Vermont 32 V.S.A. 7402 and 7442a; Kentucky KRS 140.070 (as amended April 27, 2026), the Kentucky Office of State Budget Director report on the inheritance and estate tax and 103 KAR 2.030; Nebraska Revised Statutes 77-2001, 77-2002, 77-2004, 77-2005 and 77-2006; the Iowa Department of Revenue inheritance tax page; Delaware chapter 52 (House Bill 16, 2017); and the sources listed on our Washington, Oregon, New York, Minnesota, Illinois, Maryland, New Jersey and Pennsylvania pages, which we reused after reading them. We could not load KRS 140.080 or the Kentucky nonresident statute, and we did not read the statute books of the other 34 states. The $6,000,000 examples, the shares of the estate and the counts are our arithmetic. This is analysis of public documents, not investment, legal or tax advice.
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