The new tax law lets you pass on up to $15 million, or $30 million for a couple, before any federal estate tax applies in 2026

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A tax that once shadowed every family with a paid-off house and a healthy retirement account now reaches almost no one. Under the tax law enacted in 2025, an individual can pass up to $15 million to heirs in 2026 — and a married couple up to $30 million — before the federal estate tax applies at all. Just as important as the size of the number is its staying power: rather than a temporary bump set to expire, the higher exemption was made permanent and tied to inflation.

What the $15 million exemption covers in 2026

The Internal Revenue Service has confirmed the figure in its annual inflation guidance. Estates of people who die during 2026 have a basic exclusion amount of $15,000,000, up from $13,990,000 for those who died in 2025. Only the value of an estate above that line is exposed to the federal estate tax, which tops out at a 40% rate. A retiree leaving a $2 million home, a $1.5 million portfolio, and a few hundred thousand in cash falls far below the threshold and owes no federal estate tax at all — the reality for the overwhelming majority of American families.

The same lifetime exemption also covers large gifts made during life, so the estate and gift taxes share a single running total. Separately, the IRS kept the annual gift exclusion — the amount a person can give each recipient every year without touching the lifetime figure — at $19,000 for 2026.

What counts toward that $15 million is broader than many realize. The taxable estate includes not only real estate and investment accounts but the full balance of traditional IRAs and 401(k)s, the value of a closely held business, and — a frequent surprise — the death benefit of any life insurance policy the deceased still owned. From that gross figure the estate subtracts debts, funeral and administration costs, anything left to charity, and everything passing to a surviving spouse, and only the remainder is measured against the exemption. For the overwhelming majority of estates the subtractions and the $15 million floor leave nothing exposed, but a retiree with a large policy and a paid-off home can approach the line faster than the raw account balances suggest.


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How a married couple reaches $30 million

The $30 million figure for couples is not a separate joint exemption but the sum of two individual ones, made usable through a feature called portability. Property left to a surviving spouse passes free of estate tax under the unlimited marital deduction, and when the first spouse dies, the estate can elect to transfer any unused exemption to the survivor. That combined shelter — the survivor’s own $15 million plus the deceased spouse’s unused amount — is what lets a couple shield up to $30 million. The catch is procedural: portability is not automatic. The estate of the first spouse to die generally must file a federal estate tax return to claim it, even when no tax is owed, or the unused exemption is lost.

The IRS estate and gift tax guidance lays out how the lifetime exemption and the annual gift exclusion interact, and why coordinating the two matters most for families anywhere near the threshold.

Why the number nearly went the other way

The 2026 exemption is striking mainly because of what almost happened instead. The 2017 tax law had roughly doubled the estate and gift exemption, but only through the end of 2025; on January 1, 2026, it was scheduled to fall back to about $7 million per person. Estate planners spent years preparing clients for that drop, which would have pulled many more upper-middle-class families and small-business owners into the tax. The One Big Beautiful Bill Act, signed in July 2025, canceled the scheduled reduction, set the exemption at $15 million, and made it permanent, with annual inflation adjustments carrying it higher over time.

For most retirees, the practical effect is simple: the federal estate tax is no longer a concern, and elaborate maneuvers designed to duck a shrinking exemption are unnecessary. The planning that still matters lies elsewhere — income taxes on inherited retirement accounts, the step-up in basis on appreciated property, and the handful of states that levy their own estate or inheritance taxes at far lower thresholds than the federal $15 million. Those state-level taxes, unaffected by the federal law, remain the more common trap for a family that has carefully arranged its affairs around the federal number and assumed the job was done.

State estate and inheritance taxes start far lower

The federal exemption is only half the picture. More than a dozen states and the District of Columbia impose their own estate tax, and several others levy an inheritance tax, neither of which was changed by the 2025 federal law. State thresholds sit far below the federal number: Oregon taxes estates above $1 million and Massachusetts above $2 million, so a household that owes nothing to the IRS can still face a five- or six-figure state estate-tax bill. Those state taxes, not the federal one, are now the realistic estate-tax exposure for most upper-middle-class families.

An inheritance tax works differently, falling on the person who receives the money rather than on the estate itself. Pennsylvania, for example, exempts a surviving spouse entirely, taxes children at a low rate, and reserves its highest rates for more distant heirs and unrelated beneficiaries. The practical lesson is that a family confident it has cleared the federal $15 million hurdle should still check the rules of the state where the owner lived — and, for an inheritance tax, where each heir stands in relation to the deceased — before assuming no death tax is owed.

This article was produced with the assistance of artificial intelligence and reviewed by The Financial Wire editorial team.

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