Are There Inheritance or Estate Taxes In Florida?

Are There Inheritance or Estate Taxes In Florida?

January 9, 2024

Close-up,Of,A,Person,Hand,Doing,Property,Tax,Calculation,WithWhen it comes to estate planning, understanding the tax implications is crucial. Many people wonder whether there are inheritance or estate taxes in Florida. In this blog post, we will explore this topic in detail to provide clarity on the tax requirements in the state.

Understanding Inheritance Tax:

Inheritance tax is a tax that is imposed on the assets inherited by beneficiaries after the death of the owner. It is important to note that Florida does not have a state-level inheritance tax. Therefore, if you are a beneficiary receiving assets from a deceased loved one, you will not be subject to any inheritance tax in Florida.

Exploring Estate Tax:

Estate tax, on the other hand, is a tax that is levied on the value of a person’s estate at the time of their death. The federal government imposes estate tax, but individual states can also have their own estate tax. Fortunately for Florida residents, the state does not impose its own estate tax. However, the federal estate tax may still apply depending on the value of the estate.

Federal Estate Tax Exemptions:

The federal estate tax exemption is the threshold beyond which the estate is subject to federal estate tax. Currently, the federal estate tax exemption is quite high. As of 2021, the exemption is set at $11.7 million per individual. This means that estates with a value below this threshold are not subject to federal estate tax.

Portability of Federal Estate Tax Exemption:

Another important aspect to consider is the portability of the federal estate tax exemption. Portability allows a surviving spouse to use any unused portion of their deceased spouse’s estate tax exemption. This means that if one spouse passes away and their estate does not fully utilize their estate tax exemption, the remaining portion can be transferred to the surviving spouse. This allows the surviving spouse to effectively increase their own exemption. However, it is important to consult with an estate planning attorney to understand the specific rules and requirements for portability.

Florida Homestead Exemption:

One notable aspect of Florida’s estate tax landscape is the homestead exemption. Florida offers significant protections for primary residences, known as homestead property. Under the homestead exemption, the primary residence is protected from estate taxes. This means that if your primary residence qualifies for the homestead exemption, its value will not be included in the calculation of your federal estate tax liability. This can be a significant advantage for Florida residents, as the primary residence is often one of the most valuable assets in an estate.

Seeking Professional Guidance:

While Florida does not impose inheritance or estate taxes at the state level, it is still important to seek professional guidance to ensure proper estate planning. Estate taxes and probate laws can be complex, and working with an experienced estate planning attorney can help you navigate the process with ease. They can help you understand the federal estate tax implications, explore strategies to minimize or eliminate estate taxes, and ensure that your assets are protected and distributed according to your wishes.


Florida does not have its own inheritance or estate tax at the state level. However, the federal estate tax may still apply depending on the value of the estate. It is important to stay updated on federal tax laws and work with an experienced estate planning attorney to ensure that your assets are properly protected and your estate plan reflects your wishes.

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