State estate tax
New York estate tax in 2026
Checked against state sources 2026-09-01 · Gregory Garone, CEPA®
Short answer: Yes. New York taxes estates above $7,350,000 for 2026 deaths, at rates up to 16%. Estates worth more than 105% of the exclusion ($7,717,500) lose the exclusion entirely and are taxed from the first dollar.
New York at a glance
| Tax type | Estate tax |
|---|---|
| Estate tax exemption, 2026 deaths | $7,350,000 |
| Top rate | 16% |
| Portability to a surviving spouse | No |
How the New York estate tax works
- Between $7,350,000 and $7,717,500, the exclusion phases out quickly, producing very high marginal rates. Above $7,717,500, the whole estate is taxed.
- Taxable gifts made within three years of death are added back to the New York estate.
- New York does not allow portability, so a surviving spouse cannot use the deceased spouse's unused exclusion.
- Nonresidents can owe New York tax on real estate and tangible property located in the state.
Planning points
- An estate just over the cliff can often save far more than it gives up by leaving enough to charity to fall back under the exclusion. The cliff calculator shows that trade-off.
- Couples typically use a credit-shelter trust at the first death to use both exclusions.
Common questions
Does New York have an estate tax in 2026?
Yes. New York taxes estates above $7,350,000 for 2026 deaths, at rates up to 16%. Estates worth more than 105% of the exclusion ($7,717,500) lose the exclusion entirely and are taxed from the first dollar.
What is the New York estate tax cliff?
If the taxable estate exceeds 105% of the exclusion, or $7,717,500 for 2026, the exclusion disappears and New York tax applies to the entire estate, not just the excess.
Do lifetime gifts avoid New York estate tax?
Gifts made more than three years before death generally do. Taxable gifts made within three years of death are added back.
Sources and limitations
Other states
Planning around New York tax?
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