2026 federal estate tax exemption of $15,000,000: Florida has no estate tax, and the Form 1040, Form 1041 and portability rules for a Florida death

The basic exclusion amount for a decedent dying in 2026 is $15,000,000 (IRS, Estate tax; 26 U.S.C. § 2010(c)(3)). The IRS table lists $13,990,000 for 2025 and $15,000,000 for 2026. Florida has no estate tax for people who died after December 31, 2004 (Florida DOR, Florida Estate Tax).

Three other tax topics come up at probate: the decedent’s final Form 1040, the estate’s Form 1041, and the portability election on Form 706.

Taxes that do not apply below the federal threshold

Federal estate tax (Form 706). The IRS states that a return is required when the gross estate, plus adjusted taxable gifts and specific gift tax exemption, exceeds the filing threshold for the year of death. The threshold for 2026 is $15,000,000 (IRS, Estate tax; 26 U.S.C. § 6018(a)). The top rate is 40 percent, applied to amounts over $1,000,000 in the § 2001(c) table, (26 U.S.C. § 2001(c)). The unified credit under § 2010(a) is the tentative tax on the applicable exclusion amount, which is $15,000,000 for a 2026 death with no prior taxable gifts or DSUE (26 U.S.C. § 2010(a), (c)(3)(A)).

Florida estate tax. The Florida Department of Revenue states that a federal change eliminated Florida’s estate tax on people who died after December 31, 2004. Art. VII, § 5(a), Fla. Const., bars a state tax on the estates of residents “in excess of the aggregate of amounts which may be allowed to be credited upon or deducted from any similar tax levied by the United States or any state” (Art. VII, § 5, Fla. Const.).

Florida inheritance tax. The Department of Revenue’s new-resident brochure states that Florida does not impose an inheritance tax or gift taxes (Florida DOR, GT-800025).

Income tax returns an estate can require

Decedent’s final Form 1040. If an individual is deceased, the required return is made by the executor, administrator, or other person charged with the decedent’s property (26 U.S.C. § 6012(b)(1)). For a calendar-year taxpayer the due date is the 15th day of April following the close of the calendar year (26 U.S.C. § 6072(a)).

Estate income tax return (Form 1041). Every estate with gross income of $600 or more for the taxable year must file a return (26 U.S.C. § 6012(a)(3)). The IRS states that the fiduciary of a domestic decedent’s estate files Form 1041 to report the income, deductions, gains and losses of the estate and the income distributed or held for distribution to beneficiaries (IRS, About Form 1041). Interest, dividends and rent earned during administration are examples of estate income.

Inheritance and income. A beneficiary does not report property received by inheritance as gross income (26 U.S.C. § 102(a)).

State income tax. The Department of Revenue’s new-resident brochure states that Florida does not impose personal income tax (Florida DOR, GT-800025). An estate with property that produces income in another state can owe that state’s tax under that state’s law.

Portability for married couples

The deceased spousal unused exclusion (DSUE) lets a surviving spouse add the first spouse’s unused exclusion to the survivor’s own. The DSUE is the lesser of the basic exclusion amount or the unused part of the first spouse’s applicable exclusion (26 U.S.C. § 2010(c)(4)).

• Election: made on an estate tax return filed on time, including extensions (26 U.S.C. § 2010(c)(5)(A); 26 C.F.R. § 20.2010-2).
• Due date: 9 months after death (26 U.S.C. § 6075(a)), with an automatic 6-month extension on Form 4768.
• Small estates: if the estate was not required to file under § 6018(a), Rev. Proc. 2022-32 allows the election up to the fifth anniversary of the death, with the return marked “FILED PURSUANT TO REV. PROC. 2022-32” (Rev. Proc. 2022-32).
• Form: the election is made on Form 706 even when no estate tax is owed. For an estate with a full unused amount of $15,000,000 added to a survivor’s own $15,000,000, the arithmetic is $30,000,000, as in the arithmetic example in the federal estate tax guide.

Public Law 119-21 and the $15,000,000 amount

Public Law 119-21, signed July 4, 2025, set the 2026 basic exclusion amount at $15,000,000 (IRS, What’s new: Estate and gift tax). The statute text sets no expiration date for the amount, and it is adjusted for inflation for decedents dying after 2026 (26 U.S.C. § 2010(c)(3)).

Which returns apply to which estate

• Estate below $15,000,000 and no surviving spouse: the filing threshold in § 6018(a) is not met, so no Form 706 is required. The final Form 1040 and, if the estate has $600 or more of gross income, the Form 1041 still apply.
• Estate above the threshold: Form 706 is due 9 months after death, extendable by 6 months on Form 4768.
• Surviving spouse: a Form 706 filed to elect portability is the way to carry over the first spouse’s unused exclusion.
• Attorney fees for tax work: § 733.6171(4)(c) to (e), Fla. Stat. (2026), lists postmortem tax advice, review of an estate tax return, and preparation of the federal estate tax return among the extraordinary services for which the personal representative’s attorney may be paid further reasonable compensation (§ 733.6171).

See also the guide on Florida and federal estate tax in 2026.

Sources

1. IRS, Estate tax. 2026 basic exclusion amount of $15,000,000 and the filing threshold. Text read: “2025 $13,990,000 2026 $15,000,000.”
2. IRS, What’s new: Estate and gift tax. Public Law 119-21 and the 2026 amounts.
3. 26 U.S.C. § 2010 and § 2001. Unified credit, basic exclusion amount, DSUE and portability election, rate table.
4. 26 U.S.C. § 6018 and § 6075. Estate tax return requirement and due date, 9 months after death.
5. 26 U.S.C. § 6012. Returns of decedents made by the executor; estates with gross income of $600 or more. Text read: “Every estate the gross income of which for the taxable year is $600 or more.”
6. 26 U.S.C. § 6072(a). Calendar-year individual returns due in April.
7. 26 U.S.C. § 102(a). Gross income excludes property acquired by bequest, devise or inheritance.
8. IRS, About Form 1041 and About Form 4768. Fiduciary income tax return; automatic extension.
9. 26 C.F.R. § 20.2010-2 and Rev. Proc. 2022-32. Portability election rules and the five-year relief.
10. Florida DOR, Florida Estate Tax and GT-800025. No Florida estate tax for deaths after December 31, 2004; no inheritance or gift tax.
11. Art. VII, § 5, Fla. Const.. Limit on state estate and inheritance taxes; quote used for the credit-or-deduction cap.
12. § 733.6171, Fla. Stat. (2026). Extraordinary attorney services, subsection (4).

Last checked: October 19, 2026.