Florida Estate Tax: Does Florida Have an Inheritance Tax?

One of the most common questions families ask in the first days after a loss is whether Florida will take a share of the estate. The short answer is no — Florida has no state estate tax and no state inheritance tax. But the full picture is more nuanced, and there are still real tax obligations families need to understand before they close the estate.

Florida Has No State Estate Tax

Florida repealed its estate tax in 2004 when the federal government eliminated the credit for state estate taxes that had previously made Florida's tax essentially free to impose. The legislature did not replace it with a standalone state tax, so Florida has had no state-level estate or inheritance tax for over two decades.

This puts Florida in favorable company. Many states responded to the same federal change by enacting their own independent estate taxes — Connecticut imposes one, as does Massachusetts, Oregon, and about a dozen others. Florida chose not to, and that decision has held. There is no sunset provision, no pending legislation to reinstate it, and no inheritance tax (a separate concept meaning a tax on the recipient rather than the estate). Whatever a beneficiary inherits from a Florida estate, the state of Florida does not take a percentage.

This is one reason Florida is a popular domicile for retirees with substantial assets. Establishing Florida domicile before death — not merely owning a vacation home, but actually changing your legal residence — can eliminate state estate taxes that would otherwise apply in a high-tax state.

Federal Estate Tax Threshold in 2026

The federal estate tax is a different matter. The Tax Cuts and Jobs Act of 2017 dramatically raised the federal exemption, and in 2026 the per-person exemption stands at approximately $15 million. A married couple, using portability, can shield up to $30 million from federal estate tax.

Portability requires action — the executor of the first spouse's estate must file IRS Form 706 by the estate tax return deadline (nine months after death, extendable to fifteen months) to elect portability and pass the unused exemption to the surviving spouse. Missing this deadline forfeits the deceased spouse's unused exemption permanently.

For the overwhelming majority of Florida families, the federal estate tax is not a concern. A $15 million exemption means only estates of exceptional size — typically those with significant investment portfolios, real estate holdings, or closely held business interests — face any federal exposure. Even then, the tax applies only to the amount above the exemption threshold.

If the estate exceeds $15 million, the federal estate tax rate is 40% on the excess. Professional tax counsel becomes essential at that level.

Whether the estate owes federal tax or not, there are dozens of administrative and legal steps between death and final distribution. The Florida Estate Settlement Guide covers each one in sequence, built for families managing the process themselves.

What Florida Spouses Inherit

Florida law gives a surviving spouse meaningful protections regardless of what the will says.

Elective share. Under Florida Statute 732.201, a surviving spouse has the right to claim 30% of the decedent's augmented elective estate. The augmented estate is a broad concept — it includes not just probate assets but also many non-probate assets like assets transferred to a revocable trust, certain retirement accounts, and assets held jointly. The elective share must be claimed by the surviving spouse within six months of receiving the Notice of Administration from the estate, or within two years of the decedent's death, whichever comes first.

The elective share matters most in second marriages or situations where the decedent's will left a disproportionate share to children from a prior relationship. It is a floor — the spouse gets at least 30% — not a ceiling.

Intestate inheritance. If the decedent died without a will, Florida Statute 732 governs who inherits. For a surviving spouse, the outcome depends on the family structure:

• If all of the decedent's children are also the surviving spouse's children, the surviving spouse inherits the entire estate.
• If the decedent had children from a prior relationship, the surviving spouse and those children split the estate equally — with the spouse receiving no less than 50%.

Homestead. Florida's homestead rules are separate from probate and sometimes override the will entirely. A homestead cannot be devised if the owner is survived by a spouse or minor children. The surviving spouse receives a life estate in the homestead by operation of law (with remainder to the descendants), unless the spouse elects to take an undivided one-half interest as a tenant in common instead.

Florida Documentary Stamp Tax on Real Property Transfers

Florida imposes a documentary stamp tax on deeds transferring real property. This is not an estate tax, but it affects inherited real estate and catches families off guard.

The general rate is $0.70 per $100 of consideration. Miami-Dade County uses a different rate: $0.60 per $100 for non-Miami-Dade properties plus a surtax that brings total Miami-Dade to $0.60 per $100 for single-family homestead transfers and higher for other types.

The important exception: Personal Representative's Deeds transferring property to a devisee receiving their entitled share are exempt from documentary stamp tax. This means that transferring real property from the estate to the beneficiary named in the will typically does not trigger the tax. The exemption applies when the value of what the beneficiary receives does not exceed what they are entitled to under the will or by law.

Where the tax does apply is in sales of inherited property — if the estate sells real property to a third party, the sale is fully subject to documentary stamp tax. Similarly, if a beneficiary receives property in excess of their entitlement (for example, buying out a sibling's share), the excess transfer triggers the tax.

What You Do Need to File

While Florida imposes no state estate tax, other filings are still required.

Decedent's final Form 1040. A federal income tax return must be filed for the year of death, covering income from January 1 through the date of death. The personal representative (or surviving spouse, if filing jointly) signs this return.

IRS Form 1041 (Fiduciary Income Tax Return). If the estate generates more than $600 in gross income during the period of administration — from interest, dividends, rental income, or business income — the estate must file Form 1041. This is common in estates that take more than a few months to close. The estate is a separate taxable entity from the date of death forward.

IRS Form 706 (Estate Tax Return). Required only if the gross estate exceeds the federal exemption. Even below the exemption, filing Form 706 is necessary to elect portability of the surviving spouse's unused exemption.

Florida Form DR-312. This is the Affidavit of No Florida Estate Tax Due, which the personal representative or attorney files with the Florida Department of Revenue to confirm that no Florida estate tax is owed. It is signed under oath. Some county property appraisers and title companies require this affidavit before processing real property transfers.

Understanding what is not owed (state estate tax) is as important as knowing what is. Most Florida families can close an estate without a single dollar of estate tax liability — but the administrative and income tax filings are still mandatory and carry their own deadlines.

Florida's tax picture is favorable, but the probate process and asset transfer steps are still complex. The Florida Estate Settlement Guide is a complete walkthrough for families handling estate administration in Florida, covering every form, filing deadline, and agency notification in plain language.

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