New York Estate Tax
Figures verified October 17, 2026 against New York Department of Taxation and Finance · Update log
- State estate tax: Yes, $7,350,000 exemption
- Inheritance tax: No
- Federal: only above $15 million
Short answer
Yes, New York has an estate tax. For deaths in 2026, estates worth more than $7,350,000 owe New York tax at 3.06% to 16%. The executor files the return and pays from the estate, due 9 months after the date of death. New York has no inheritance tax, so heirs owe nothing on what they receive.
What to do, and by when
| Who files | Which form | Deadline |
|---|---|---|
| The executor, if the estate is over $7,350,000 | New York ET-706 | 9 months after the date of death |
| The executor, only if the estate is over $15 million or to keep the unused exemption for a surviving spouse | Federal Form 706 | 9 months after the date of death (an automatic 6-month extension to file is available on Form 4768) |
| The executor | Final Form 1040 for the person who died | April 15 of the year after death |
Quick estimate
Does this estate owe New York estate tax?
Enter the estate's value after debts, funeral and administration costs, and anything left to a spouse or charity. For deaths in 2026, the New York exemption is $7,350,000.
Quick facts: New York (2026)
| Estate Tax | Yes |
|---|---|
| Inheritance Tax | No |
| Estate Tax Exemption | $7,350,000 |
| Estate Tax Rates | 3.06% to 16% |
| Estate Tax Return | ET-706, due 9 months after the date of death |
| Federal Exemption (2026) | $15 million |
| Tax Authority | New York Department of Taxation and Finance |
| Verified | 2026-10-17 |
New York estate tax
New York is one of 13 jurisdictions with its own estate tax. For deaths in 2026, it applies to estates worth more than $7,350,000, at rates of 3.06% to 16%. The tax is paid by the estate, not by the heirs.
The estate generally includes everything the person owned at death: the home, bank and brokerage accounts, retirement accounts, business interests, and life insurance they owned. Debts, funeral and administration costs, and gifts to a spouse or charity reduce the taxable amount. Nonresidents who owned real estate in New York can also owe New York tax on that property.
Because the New York threshold is well below the federal $15 million, many estates owe New York tax while owing no federal estate tax at all.
What's specific to New York
- New York has a cliff: the exemption phases out between 100% and 105% of the exemption, and an estate above $7,717,500 (2026) is taxed on its entire value, not just the excess.
- Gifts made within 3 years of death are added back to the New York estate (extended through 2031).
- New York does not allow portability between spouses.
What executors file, and when
- New York estate tax return (ET-706): due 9 months after the date of death, if the estate is over $7,350,000. File with the New York Department of Taxation and Finance.
- Federal Form 706: only if the estate is over $15 million, or to elect portability for a surviving spouse. Due 9 months after the date of death (an automatic 6-month extension to file is available on Form 4768).
- Final Form 1040 for the person who died: due April 15 of the following year.
- Form 1041 (estate income tax): if the estate has $600 or more of income.
Optional: get help filing
Get a flat-fee quote to file the New York estate tax return
Tell us a little about the estate and a CPA or Enrolled Agent who prepares New York ET-706 returns will reply with a fixed price. Free, and no obligation.
Federal estate tax
For deaths in 2026, the federal estate tax applies only to estates over $15,000,000 per person, at rates up to 40%. The exemption was set by the July 4, 2025 tax law (Public Law 119-21, often called the "One Big Beautiful Bill Act"; the IRS now calls it the Working Families Tax Cuts law), is permanent, and is indexed for inflation starting in 2027. A surviving spouse can add the unused exemption of the first spouse to die (portability) by filing Form 706. See the federal estate tax guide.
Frequently asked questions
Do I have to pay inheritance tax in New York?
No. New York has no inheritance tax, so heirs do not pay state tax on what they receive from a New York resident. If the person who died lived in Pennsylvania, New Jersey, Kentucky, Maryland or Nebraska, or owned real estate there, that state's inheritance tax can apply even if you live in New York.
Does New York have an estate tax in 2026?
Yes. New York taxes estates over $7,350,000 for deaths in 2026, at rates of 3.06% to 16%. The executor files the return and pays the tax from the estate before assets are distributed.
Who must file a New York estate tax return, and when is it due?
The executor files if the estate exceeds the New York filing threshold ($7,350,000 for 2026 deaths). It is due 9 months after the date of death on Form ET-706. Nonresidents who owned real estate or tangible property in New York may also have to file.
Can an estate owe New York estate tax but no federal estate tax?
Yes, and that is common. New York's threshold ($7,350,000) is far below the federal exemption of $15 million, so many estates owe state tax while owing nothing federally.
Is an inheritance taxable income?
No. Money or property you inherit is not federal taxable income. But withdrawals from an inherited traditional IRA or 401(k) are taxed as income, and if you sell inherited property you may owe capital gains tax on any increase in value after the date of death.
What is the federal estate tax exemption for 2026?
$15,000,000 per person for deaths in 2026, set by Public Law 119-21 (2025). It is permanent and indexed for inflation from 2027. A surviving spouse can add the unused exemption of the first spouse to die (portability) by filing Form 706.
Sources
This information is provided for educational purposes only and should not be considered legal or tax advice. Consult a qualified tax professional for guidance specific to your situation.