Florida Estate Tax – What You Need to Know
Florida is known to be one of the more financially friendly states in the country, particularly because it does not impose a personal income tax. But how about taxes relating to the transfer of wealth–such as Florida estate tax and capital gains tax? Find out more about Florida estate tax by reading our article below.
Does Florida Have an Estate Tax?
Florida does not currently impose a state estate tax on the estates of individuals who died after December 31, 2004. Florida’s Department of Revenue states that a federal law change eliminated the state’s estate tax for those estates. Therefore, heirs and beneficiaries can inherit assets free from any state-level death taxes.
Why Florida No Longer Collects Estate Tax
The state of Florida used to collect tax from wealthy estates under a mechanism that was called ‘pickup tax.’ Under this law, the state was allowed to receive a portion of the federal estate tax that would otherwise have been paid to the federal government. However, the federal Economic Growth and Tax Relief Reconciliation Act of 2001 phased out the federal tax credit for state death taxes, eliminating it by 2005. Because Florida’s Constitution limits estate and inheritance taxes to amounts that can be credited against or deducted from similar federal or state taxes, the state could no longer collect its former pickup tax.
Do Florida Estates Still Have to File a State Estate Tax Form?
After a legislative change on July 1, 2023, estates of individuals who died after December 31, 2004, are no longer required to file Florida estate tax form DR-312 or Form DR-313 with the state. As a result, most Florida estates no longer need to submit estate tax forms to the state, although other federal or state tax filing obligations may still apply.
Florida Estate Tax vs. Federal Estate Tax
What Is the Federal Estate Tax?
The Federal estate tax is a tax imposed by the federal government on the transfer of a person’s taxable estate after death. For individuals, the federal estate tax exemption is $15 million. Generally, no federal estate tax is owed if the estate’s value, combined with adjusted taxable gifts and other applicable amounts, does not exceed the available exemption. However, any dollar that exceeds the $15 million limit is taxed at a federal rate of 40%.
What Is Portability?
Portability is a rule that lets spouses of the deceased inherit their partner’s unused federal estate tax exemption. For example, if a husband passes away and leaves a $5 million estate, he has $10 million left over from his 2026 exemption. The portability rule allows the wife to add that leftover $10 million to her own $15 million shield.
Important to note that this rule is not applied automatically. The executor of the estate must formally file a federal estate tax return (IRS Form 706) within nine months of the first spouse’s death to lock in and preserve that bonus exemption.

Does Florida Have an Inheritance Tax?
Florida does not have an inheritance tax, so beneficiaries do not pay any state tax on property, cash, or other assets passed to them. However, an out-of-state estate tax may still apply to a Florida resident inheriting from someone who lived in a state that collects inheritance tax or where the inherited property is located.
What Taxes Can Still Affect an Estate in Florida?
Remember, just because there is no Florida estate tax doesn’t mean your assets won’t be taxed. Other taxes, including the federal estate tax on estates valued at more than the $15 million exemption per person, estate or inheritance taxes imposed by other states, and fiduciary income tax on income generated by an estate, such as rental income, may still be applicable. If a beneficiary sells the property for a price greater than its adjusted tax basis, the sale may also be subject to capital gains tax.
The Type of Asset Matters
Real estate: Inherited real estate gets a tax break called a step-up in basis that resets the tax value to the current market value on the day the owner dies. If the heir sells the property on that day, they will not pay capital gains tax, unlike selling it sometime later when the property has appreciated.
Investments: stocks, bonds, and mutual funds also receive the benefit of a step-up in basis. However, any dividends or interest payments made while the estate is being settled may be subject to federal income tax rules.
Retirement accounts: Accounts such as a traditional IRA or 401(k) are taxed because the accounts were built with pre-tax dollars. Future withdrawals can also be taxed as standard federal taxable income.
Business interests: If a business was inherited and the value comes out to be more than the exemption ceiling, a federal estate tax may apply.
Cash: Plain cash in a standard checking account, savings account, or certificate of deposit is not subject to federal income tax. However, any interest that is made in the account may be taxable.
Trust assets: The revocable trust typically does not reduce federal estate tax liability because the trust assets are included in the grantor’s taxable estate. While irrevocable trusts can, in some instances, offer estate tax planning benefits, the IRS’s view of their tax treatment hinges on how they are formed and whether they are considered separate taxpayers for federal income tax purposes.

Does Florida Have a Capital Gains Tax?
Florida does not impose an individual state income tax, so individuals generally do not pay a separate Florida state capital gains tax. Federal capital gains tax may still apply when an asset is sold for a taxable gain.
Federal Capital Gains Tax Can Still Apply
Florida taxpayers may still owe federal capital gains tax if they sell an asset for a taxable profit. For example, selling stocks, inherited property, investment real estate, and other appreciated assets.
Capital Gains on Inherited Property
Property received by inheritance typically receives a “step-up” in tax basis to its fair market value at the date of the prior owner’s death. This means that heirs who sell the property soon after inheriting it will likely owe little in capital gains taxes if the sale price is near its stepped-up basis. However, if the property increases in value and the heir later sells it for more than its adjusted tax basis, the gain may be subject to federal capital gains tax.
What Happens to Taxes When You Inherit a Home in Florida?
There is no state estate tax or inheritance tax. Heirs who keep the property, however, will still be liable for any applicable Florida property taxes, which may vary depending on the assessed value of the property.
Are Retirement Accounts Taxed When Inherited in Florida?
Florida does not have an inheritance tax at the state level, but some assets may be subject to federal income tax, such as retirement accounts. Retirement accounts like IRAs or 401 ( k ) s are built with pre-tax dollars. So withdrawals from these accounts may be treated as ordinary taxable income.
Common Florida Estate Tax Misconceptions
“Florida Has No Taxes on Estates, So There Is Nothing to Worry About”
While the state does not impose a Florida estate tax, Florida residents still face other tax obligations. Depending on the circumstances and the type of assets, taxes such as federal estate, income, and capital gains taxes, as well as state property tax, may still apply.
“Florida Has No Property Tax”
False. Florida imposes property taxes through local governments. The amount is generally based on assessed value, applicable tax rates, and any eligible exemptions. However, Florida does not impose a state individual income tax.
“Inherited Property Is Automatically Tax-Free”
Not always. Inherited property may still be affected by federal estate tax, depending on the value of the deceased person’s taxable estate and the applicable exemption.
“Federal Estate Tax Only Matters When Someone Dies”
The IRS links the estate tax with the gift tax under a single unified tax system, meaning large financial gifts you give while alive directly subtract from your final lifetime estate tax exemption shield. You must strategically use yearly tools like the annual gift exclusion to shrink overall taxable estate while still alive.
When Should You Speak With a Tax Attorney About an Estate?
Dealing with taxes can be a complex matter, especially when it comes to estate planning. Structuring your estate plan requires looking at how each individual asset class behaves under both federal and state tax codes. This is where help from a professional, such as a tax attorney, becomes crucial. A tax attorney knows precisely about state and federal tax codes and therefore can help with managing your tax obligations to find the best overall outcome.
Contact us today to learn more about how Greenberg can help.



































