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— Guide · 12-min read

Stepped-up basis in Florida: which inherited assets get it and how to document the value

Under 26 U.S.C. § 1014 an heir's basis in inherited property is its fair market value at the date of death. This guide covers which assets get that basis, which do not, how each asset is valued, and what the estate must report, with the IRS source for each rule.

Updated October 2026

The basis of property acquired from a decedent is its fair market value at the date of death. If the estate elects the alternate valuation date, it is the value on that date (26 U.S.C. § 1014(a)(1)-(2)). Basis is the figure subtracted from the sale price to find gain. A higher basis means less taxable gain, and the increase in value that occurred during the decedent's life is not taxed to the heir.

Florida adds no state tax to the sale. Florida does not impose a personal income tax or an inheritance tax (Florida Department of Revenue, Tax Information for New Residents, accessed October 17, 2026), and the federal change that eliminated Florida's estate tax applies to deaths after December 31, 2004 (Florida Department of Revenue, Estate Tax, accessed October 17, 2026). Capital gains tax on a sale of inherited property is federal.

Not every inherited asset gets the new basis. Table 1 lists the rules by asset. The Sources section lists each authority, last checked October 17, 2026.

Which inherited assets get a new basis

Section 1014(b) lists the property treated as acquired from a decedent. Section 1014(c) removes property that is a right to receive income in respect of a decedent.

Table 1. Basis at death, by type of asset
AssetBasis for the heirSource
Real estate left by will or intestacyFair market value at the date of death26 U.S.C. § 1014(a)(1), (b)(1); Pub. 551
Stocks, bonds and mutual funds in a taxable accountFair market value at the date of death26 U.S.C. § 1014(a)(1); Pub. 551
Household goods, jewelry, collectibles, vehiclesFair market value at the date of death26 U.S.C. § 1014(b)(1)
Cryptocurrency and other digital assetsDigital assets are property for U.S. tax purposes, so the same rule applies: fair market value at the date of deathIRS, Digital assets; 26 U.S.C. § 1014
Assets in a revocable trustFair market value at the date of death. Property the decedent transferred to a trust and kept the right to revoke, or to change the enjoyment of, is treated as acquired from the decedent.26 U.S.C. § 1014(b)(2), (b)(3), (b)(9)
Assets in an irrevocable trust that are not in the decedent's gross estateNo adjustment. The basis does not change at the grantor's death.Rev. Rul. 2023-2
Spouses' home held as tenants by the entirety, or as joint tenants with right of survivorship if the spouses are the only joint tenantsOne-half is included in the decedent's estate whatever each spouse paid. The survivor's basis is the cost of the survivor's half plus the date-of-death value of the half inherited.26 U.S.C. § 2040(b); Pub. 551, Qualified Joint Interest
Property held in joint names by non-spousesThe part included in the decedent's gross estate, based on contribution, gets the adjustment. The survivor keeps cost basis in the part the survivor paid for.Pub. 551, Property Held by Surviving Tenant
Traditional IRA, 401(k) and other retirement balancesNo adjustment. The balance is income in respect of a decedent, taxed to the recipient when distributed.26 U.S.C. § 1014(c); § 691; Pub. 559
Roth IRAQualified distributions are not taxed. Earnings through the date of death in a non-qualified distribution are income in respect of a decedent.Pub. 559, Roth IRAs
Annuities described in 26 U.S.C. § 72Excluded from the § 1014(b)(9) adjustment26 U.S.C. § 1014(b)(9)(A)
Series EE and I savings bondsNo adjustment for accrued interest. Interest earned to death is reported on the final return if the personal representative elects, or otherwise by the recipient.Pub. 559, U.S. savings bonds acquired from decedent
Appreciated property the heir or the heir's spouse gave the decedent within one year before deathThe decedent's adjusted basis, not fair market value26 U.S.C. § 1014(e); Pub. 551

Sources: the authority in the last column. Distributions from retirement accounts are covered in the inherited IRA guide. Florida is not a community property state. Property that was community property under another state's law is addressed in the Florida Uniform Disposition of Community Property Rights at Death Act, §§ 732.216-732.228, and in 26 U.S.C. § 1014(b)(6).

Worked example

The figures in Table 2 are an illustration. A decedent bought 1,000 shares in 1980 for $6 a share. At death the shares trade at $210 a share.

Table 2. The same shares, three outcomes
EventBasisSale priceTaxable gain
Decedent sells the day before death$6,000 (cost)$210,000$204,000, taxed to the decedent
Heir sells one week after death at the date-of-death price$210,000$210,000$0
Heir sells in 2028 at $240 a share$210,000$240,000$30,000, long term

The gain after death is long term whatever the heir's holding period, because inherited property is treated as held for more than one year (26 U.S.C. § 1223(9); Pub. 544). Rates are in the selling an inherited home guide.

The adjustment works in both directions. Section 1014(a) sets the basis at fair market value, so property worth less at death than the decedent paid takes a lower basis, and the decedent's unrealized loss is not available to the heir.

How each asset is valued at death

The Treasury Regulations under the estate tax set the valuation standard the basis rule borrows. Fair market value is the price at which property would change hands between a willing buyer and a willing seller, neither under compulsion and both with reasonable knowledge of the relevant facts (26 C.F.R. § 20.2031-1(b)).

Table 3. Value to use at the date of death
AssetValueSource
Real estateFair market value. An appraisal as of the date of death records it. If Form 706 is filed or required, the estate tax value is the basis.26 C.F.R. § 20.2031-1; Pub. 551
Listed stocks and bondsThe mean between the highest and lowest quoted selling prices on the valuation date. If there were no sales that day but there were sales within a reasonable period before and after, the regulation uses a weighted average of the means on the nearest dates.26 C.F.R. § 20.2031-2(b)
Mutual fund sharesThe public redemption price in effect at death26 C.F.R. § 20.2031-8(b)
Interest in a businessThe net amount a willing purchaser would pay a willing seller, taking the business's assets, earnings and other listed factors into account26 C.F.R. § 20.2031-3
Household and personal effectsFair market value. If valuable articles such as jewelry, paintings, antiques or collections total more than $3,000, the regulation calls for a sworn appraisal filed with the estate tax return.26 C.F.R. § 20.2031-6
Digital assetsNo Treasury regulation prescribes a price source for inherited digital assets. The general fair market value standard applies. Record the exchange, price and time used.26 C.F.R. § 20.2031-1; IRS, Digital assets

If no Schedule A (Form 8971) was received, Pub. 551 says basis can be determined using the appraised value at the date of death for state inheritance or transmission tax purposes. Florida has no estate or inheritance tax, so no state value exists. The valuation must be obtained and kept. Pub. 551 requires accurate records of every item that affects basis.

Alternate valuation date

The personal representative may elect to value the gross estate six months after death, or on the date of distribution or sale if earlier (26 U.S.C. § 2032(a)). The election is available only if it decreases both the gross estate and the estate and generation-skipping transfer tax due (§ 2032(c)). With a 2026 basic exclusion amount of $15,000,000 (IRS, Estate tax, accessed October 17, 2026), an estate that owes no federal estate tax cannot decrease it, so the election is unavailable to it. When the election is made, § 1014(a)(2) uses that value as the basis.

What the estate must report to heirs

Form 706 is required when the gross estate plus adjusted taxable gifts exceeds the basic exclusion amount for the year of death ($15,000,000 for 2026, IRS, Estate tax). When Form 706 is required, the executor files Form 8971 and gives each beneficiary a Schedule A that reports the estate tax value of the property. Form 8971 is not required when the estate is below the basic exclusion amount, or when the return is filed solely to elect portability, solely to allocate generation-skipping transfer tax exemption, or solely as a protective filing (Instructions for Form 8971 (08/2025), accessed October 17, 2026).

Section 1014(f) caps the heir's basis at the final estate tax value for property whose inclusion increased the estate tax. Pub. 544 points to the penalties that may apply for inconsistent basis reporting. For estates that file no return, the heir uses the date-of-death fair market value.

Trusts

A revocable trust becomes irrevocable at the grantor's death. Property the grantor transferred to a trust while keeping the right to revoke it, or to change its enjoyment, is treated as acquired from the decedent, so the trust assets receive the adjustment (26 U.S.C. § 1014(b)(2), (b)(3)).

An irrevocable trust is different. In Rev. Rul. 2023-2 the IRS held that assets of an irrevocable grantor trust that are not includible in the owner's gross estate do not receive a § 1014 adjustment at the owner's death (Rev. Rul. 2023-2). The trade-off between a trust built for asset protection and the adjustment is a planning question.

A beneficiary who receives property distributed from a non-grantor trust generally takes the trust's adjusted basis in it, as further adjusted for gain or loss the trust recognizes (Pub. 551, Property Received from a Trust). The trust administration guide covers the process.

Selling now or holding

The tax result depends on the sale price compared with the date-of-death value, not on how long the heir held the asset.

  • Sale at or near the date-of-death value. Little or no gain, because basis equals value (Table 2).
  • Sale after appreciation. The increase after death is long-term gain (26 U.S.C. § 1223(9)).
  • Heir moves into an inherited home. The heir may qualify for the home-sale exclusion of up to $250,000 ($500,000 on a joint return where both spouses meet the use test) after owning and using the home as a main home for 24 months of the 5 years before the sale (26 U.S.C. § 121; Pub. 523).
  • Surviving spouse. A surviving spouse who has not remarried and sells within 2 years after the date of death may take the $500,000 exclusion if the other conditions in Pub. 523 are met.

Records to keep

  • The date-of-death valuation for each asset: appraisal, brokerage statement or exchange record (Pub. 551).
  • Any Schedule A (Form 8971) and Form 706 value (Instructions for Form 8971).
  • Records of improvements and selling costs. For a home, keep them until 3 years after the due date of the return for the year of sale (Pub. 523).
  • The letters of administration or trust certification showing who held the asset.

Sources

Last checked: October 17, 2026.

— Common questions

What people ask us about this.

Does Florida have a state capital gains tax on inherited property?+−
No. The Florida Department of Revenue states that Florida does not impose a personal income tax or an inheritance tax, and the federal change that eliminated Florida's estate tax applies to deaths after December 31, 2004. Capital gains tax on the sale is federal.
What if the property was worth less at death than the decedent paid?+−
The basis is the fair market value at the date of death under 26 U.S.C. § 1014(a), so it is lower than the decedent's cost. The decedent's unrealized loss does not pass to the heir.
Do inherited IRAs and 401(k)s get a stepped-up basis?+−
No. Section 1014(c) excludes income in respect of a decedent. A distribution from an inherited traditional IRA is taxable to the beneficiary up to the decedent's taxable balance (IRS Pub. 559). The inherited IRA guide on this site covers the distribution rules.
Do I get a step-up on inherited cryptocurrency?+−
Yes. The IRS treats digital assets as property, so 26 U.S.C. § 1014 sets the basis at the fair market value on the date of death. No regulation names a pricing source, so record the exchange, price and time used.
How much of a home owned by spouses gets a new basis when one spouse dies?+−
One-half. For a qualified joint interest (tenancy by the entirety, or joint tenancy with right of survivorship between spouses who are the only joint tenants), one-half of the value is included in the decedent's estate, and the survivor's basis is the cost of the survivor's half plus the date-of-death value of the half inherited (26 U.S.C. § 2040(b); IRS Pub. 551).
Do assets in an irrevocable trust get a step-up?+−
Not if they are not in the grantor's gross estate. Rev. Rul. 2023-2 holds that the basis of assets in an irrevocable grantor trust that are not includible in the owner's gross estate is not adjusted to fair market value at the owner's death.
Can the IRS challenge the date-of-death value?+−
Yes. When an estate tax return is required, the heir's basis cannot exceed the final estate tax value for property whose inclusion increased the estate tax (26 U.S.C. § 1014(f)), and the IRS instructions describe penalties for inconsistent reporting. Keep the valuation and the Schedule A (Form 8971).
Is the inherited property taxed as long-term gain if I sell it right away?+−
Yes. Inherited property is treated as held for more than one year however short the actual holding period (26 U.S.C. § 1223(9); IRS Pub. 544).
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Published by the Probate.Help editorial team.How these pages are written and checked. Updated October 17, 2026.