Is there an inheritance tax for spouses?
Andrew Mclaughlin
Published Mar 31, 2026
All property left to a surviving spouse passes free of estate tax; this is called the marital deduction. The marital deduction is not allowed for property left to noncitizen spouses, but the personal estate tax exemption can be used for property left to noncitizen spouses.
What is the federal estate marital deduction?
The unlimited marital deduction is a provision in the U.S. Federal Estate and Gift Tax Law that allows an individual to transfer an unrestricted amount of assets to their spouse at any time, including at the death of the transferor, free from tax.
What is the federal estate tax exemption for a married couple?
For 2020, the exemption was $11.58 million per individual, or $23.16 million per married couple. For 2021, an inflation adjustment has lifted it to $11.7 million per individual and $23.4 million per couple. For 2020 and 2021, the top estate-tax rate is 40%. The increase in the exemption is set to lapse after 2025.
What kind of taxes do I have to pay on inheritance?
1 Inheritance tax applies to the person inheriting assets, based on the value of their inheritance 2 Surviving spouses are exempt and the tax rates are higher the less closely related you are to the deceased 3 There’s no federal inheritance tax and only six states impose one
Are there any states that do not charge inheritance tax?
There is no federal inheritance tax and only six states have a state-level inheritance tax: Iowa, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania. State inheritance tax rates in 2020 & 2021
Can a spouse be exempt from inheritance tax?
Spouses are automatically exempt from inheritance taxes. That means that if your husband or wife passes away and leaves you a condo, you won’t have to pay an inheritance tax at all even if the property is located in one of the states mentioned above. Since the Supreme Court’s ruling, the same rule applies to same-sex spouses.
Are there inheritance taxes in the state of Maryland?
Maryland is the only state with a state-level estate tax and an inheritance tax. For more information, try our guide to estate taxes. If you live in a state with an inheritance tax, there are a few main ways to minimize or avoid inheritance taxes for a beneficiary: Leave your whole estate to your spouse (or other exempt individuals).