Does Florida Have an Estate Tax or Inheritance Tax?

Last reviewed: June 12, 2026 · Reviewed by Alexis Bucelo Diaz, Esq.

No. Florida has no state estate tax and no inheritance tax. Heirs in Florida inherit free of any state-level death tax, regardless of the estate’s size. The only estate tax that can apply is the federal estate tax, which in 2026 affects only estates above $15,000,000 per person. The rest of this guide explains why, and what Florida families still need to plan for.

What Is a Florida Estate Tax?

An estate tax is imposed on the total value of a deceased person’s estate before any assets pass to heirs. Florida once collected a state estate tax through what is called a “pickup tax,” a mechanism that allowed the state to capture a share of what a taxpayer already owed to the federal government under a now-eliminated federal credit for state death taxes.

The federal Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA 2001) phased out that federal credit over several years, removing the financial mechanism that funded Florida’s pickup tax. Florida last collected its estate tax on estates where the decedent died on or before December 31, 2004. According to the Florida Department of Revenue, no Florida estate tax has been collected on any estate since that date.

The statutory framework for Florida’s estate tax remains in Chapter 198, Florida Statutes, but the chapter is operationally dormant. There is no federal credit for it to pick up, and the Florida Constitution, Article VII, Section 5, prohibits the state from imposing any estate or inheritance tax beyond what would have been collected through that pickup mechanism. Restoring a Florida estate tax would require a constitutional amendment. No Florida legislative session has moved in that direction.

As of July 1, 2023, personal representatives no longer need to file estate tax affidavits (Forms DR-312 or DR-313) with the Florida Department of Revenue, a further signal of how completely dormant the Florida estate tax has become in practice.

What Is a Florida Inheritance Tax?

An inheritance tax is levied on the beneficiary, not the estate, based on the value of what the beneficiary receives. Florida has never imposed an inheritance tax in any form. A Florida beneficiary owes no state tax on assets inherited from a Florida estate, regardless of the size of the inheritance.

This is one of the questions we hear most often at Bucelo Diaz Law: families who have received an inheritance from a Florida estate, or who are named as beneficiaries and want to confirm their exposure before the estate closes. The answer, on the Florida side, is consistent: no Florida inheritance tax exists, and there is no legislative movement to create one.

One clarification that matters for multi-state families: if a beneficiary lives in a state that does impose its own inheritance tax (Maryland, Iowa, Kentucky, Nebraska, New Jersey, or Pennsylvania) that state’s rules may apply to assets the beneficiary receives, depending on where the assets are located and the type of asset. That analysis requires a local attorney in the beneficiary’s state. The Florida side of the transaction carries no state tax obligation.

Does the Federal Estate Tax Apply to Florida Estates?

Yes, if the gross estate exceeds the applicable exclusion amount under IRC Section 2001 and IRC Section 2010. The federal estate tax is imposed on the transfer of taxable estates of U.S. citizens and residents, regardless of which state the decedent lived in. Florida’s lack of a state estate tax does not affect federal estate tax obligations.

The applicable exclusion amount (the threshold below which no federal estate tax is owed) is $15,000,000 per person for 2026, per the IRS estate tax filing threshold table (verified May 27, 2026). Estates with a gross value below this figure, after applicable deductions, owe no federal estate tax.

The TCJA Exemption: What Happened in 2026

The Tax Cuts and Jobs Act of 2017 (TCJA), through IRC Section 11061, doubled the federal estate tax basic exclusion amount effective January 1, 2018. That doubling was scheduled to expire December 31, 2025, which would have reverted the exemption to roughly half the 2025 level (approximately $7,000,000 per person) creating significant exposure for estates that had grown comfortable under the higher threshold.

That sunset did not occur. Congress passed and President Trump signed the One Big Beautiful Bill (OBBBA) on July 4, 2025. The OBBBA amended IRC Section 2010(c)(3) to make the doubled exemption permanent and raised the applicable exclusion amount to $15,000,000 per person for 2026, adjusted for inflation each year going forward. There is no scheduled reversion to pre-TCJA levels under current law.

At Bucelo Diaz Law, we advised clients throughout the period of exemption uncertainty. The years from 2018 onward when the TCJA sunset date was a live planning risk. Families who structured gifts, trusts, or portability elections during that period should review their plans now that the exemption is permanently higher. The planning implications cut in both directions: some strategies designed around a lower anticipated exemption may be worth revisiting.

Who Must File IRS Form 706 in Florida?

IRS Form 706 (U.S. Estate and Gift Tax Return) is required for any estate where the gross estate plus adjusted taxable gifts and specific exemption exceeds the applicable exclusion amount. For decedents dying in 2025, that threshold is $13,990,000. For decedents dying in 2026, the threshold is $15,000,000. These figures are confirmed in the IRS Form 706 instructions. The filing obligation is governed by IRC Section 6018.

The return is due 9 months from the date of the decedent’s death. An automatic 6-month extension is available by filing Form 4768 before the original due date. Florida personal representatives should coordinate with the estate’s CPA or tax counsel well before the 9-month deadline. The federal return and any Florida probate administration timelines do not always align neatly.

One point that surprises many families: even if the estate is below the taxable threshold and no estate tax is owed, the personal representative may still benefit from filing Form 706. A timely filed Form 706 is the only way to elect portability of the deceased spouse’s unused exemption (DSUE). For Broward County estates and throughout Florida, this is one of the most consistently overlooked planning opportunities we see in practice.

What Is Portability of the Federal Estate Tax Exemption?

Portability, established under IRC Section 2010(c), allows a surviving spouse to add any unused portion of the deceased spouse’s federal estate tax exemption to their own. The unused amount is called the DSUE. The deceased spousal unused exclusion.

Here is how it works in practice: if a spouse dies having used none of their $15,000,000 exemption, the surviving spouse can elect to carry over the full $15,000,000 DSUE. Combined with the surviving spouse’s own $15,000,000 exemption, that gives the surviving spouse $30,000,000 in combined federal estate tax protection. This is one of the most powerful and underutilized estate planning tools available to married Florida couples.

Portability is not automatic. It must be elected on a timely filed Form 706, even if no estate tax is owed by the first spouse’s estate. Missing the Form 706 deadline means losing the DSUE permanently. Florida estate planning attorneys routinely recommend filing Form 706 for portability purposes regardless of estate size when one spouse has died. The cost of filing is a fraction of the potential tax benefit.

Does Florida Have a Gift Tax?

Florida imposes no state gift tax. Gifts made by Florida residents are not subject to any Florida state tax, regardless of amount.

The federal gift tax does apply to taxable gifts above the annual exclusion. For 2026, the annual gift tax exclusion is $19,000 per recipient, per the IRS gift tax FAQ (verified May 27, 2026). A married couple can each give $19,000 to the same recipient ($38,000 combined) without triggering any federal gift tax reporting requirement. Gifts above the annual exclusion are reportable on IRS Form 709 and count against the lifetime federal estate and gift tax exemption under IRC Section 2010.

Annual gifting programs (systematic gifts within the annual exclusion amount to children, grandchildren, or other recipients) are one of the ways Florida families reduce potential federal estate tax exposure over time without touching the lifetime exemption. These programs work most effectively when structured consistently over multiple years, and they carry no guarantee of any specific tax outcome.

Estate Planning Tools That Address Federal Tax Exposure

For Florida families whose combined estates approach the federal exemption threshold, several planning strategies are available. The right combination depends on each family’s asset composition, family structure, and goals. Florida estate planning attorneys commonly use the following:

• Revocable living trust in Florida: Coordinates asset distribution and avoids probate. On its own, a revocable trust does not reduce federal estate tax. The trust assets remain in the taxable estate. But a revocable trust is often the foundation of a broader tax-sensitive plan.
• Irrevocable trust strategies: Assets transferred to a properly structured irrevocable trust are generally removed from the taxable estate. Common structures include irrevocable life insurance trusts (ILITs), spousal lifetime access trusts (SLATs), and grantor retained annuity trusts (GRATs).
• Lady bird deed (enhanced life estate deed): Transfers Florida real estate at death outside probate while the owner keeps full lifetime control. It does not remove the property from the taxable estate, which means heirs still receive a step-up in basis under IRC Section 1014.
• Joint trust for married couples: A joint revocable trust simplifies administration for married couples and can be structured to incorporate tax-sensitive provisions at the first spouse’s death.
• Last will and testament in Florida: A coordinated will ensures assets not held in trust flow to the right beneficiaries in the right proportions, supporting the overall tax plan.
• Portability election via Form 706: As discussed above, filing Form 706 after a spouse’s death to claim the DSUE costs relatively little and can preserve tens of millions in combined exemption for the surviving spouse.
• Annual gifting programs: Systematic gifts within the $19,000 annual exclusion per recipient reduce the taxable estate year by year without using lifetime exemption.
• Marital deduction planning (IRC Section 2056): Assets passing to a U.S. citizen surviving spouse qualify for an unlimited federal marital deduction. No federal estate tax is owed on those assets at the first spouse’s death, regardless of amount. Non-citizen surviving spouses require a Qualified Domestic Trust (QDOT) to access the marital deduction.

We regularly identify federal estate tax exposure that was not on a family’s radar during the initial consultation. We also regularly confirm that a family’s estate is well below the threshold and that straightforward planning is all that is needed. The starting point is always the same: a clear picture of what the estate holds and what the current law requires.

Many Florida families spend years assuming no tax planning is needed because Florida imposes no estate or inheritance tax. For most, that is true. For families whose combined estates have grown enough to approach the federal threshold (or who want to protect a surviving spouse’s exemption through a portability election after a death) the right time to plan is before the need becomes urgent.

A conversation with a Florida estate planning attorney starts with a clear picture of where your estate stands under current law. From there, the planning options become clear.

About the Author

Alexis Bucelo Diaz, Esq., LL.M. is the founding attorney of Bucelo Diaz Law, PLLC. She holds a Master of Laws (LL.M.) in Estate Planning from the University of Miami School of Law and has more than 15 years of focused experience in Florida estate planning. Florida Bar #86918. Selected to Super Lawyers Rising Stars in 2025.