Inheritance Laws by State: What Heirs Need to Know (Listicle)
Ready to Publish
Ready to Publish
Author
OG Image (1200x630)
Excerpt
Understanding inheritance laws is crucial for heirs to ensure a smooth transition of assets after a loved one's passing. This guide breaks down state-specific regulations, estate taxes, and probate processes, providing key insights for effective estate planning. For personalized advice, consider consulting an attorney near you.
Meta Description
Discover essential inheritance laws by state that heirs need to know, including estate and inheritance taxes, probate processes, and intestate succession. Ensure your assets are distributed according to your wishes by consulting an experienced estate attorney near you for personalized guidance.
Slug
estate-planning-probate-guide/estate-taxes-inheritance-asset-protection-guide/inheritance-laws-state-heirs-know
Alt Image Text
Flat vector illustration showing a U.S. map with states labeled by inheritance and estate tax laws, featuring a legal document, gavel, and heirs receiving assets.
Related Posts
Global Tags
Sub-item
Hide in Main Feed
Hide in Main Feed
Post Id
1423
Updated
Mar 27, 2025 11:49 PM
Featured
Featured
Hide CTA
Hide CTA
Hide Cover
Hide Cover
Inheritance Laws by State: What Heirs Need to Know
Inheritance laws vary by state, affecting how assets are distributed, taxed, and handled after a person’s death. Some states impose estate or inheritance taxes, while others do not. Below is a breakdown of key inheritance law factors heirs should be aware of.
💡 For every post in this series, scroll down to “Related Posts.”
1. States with No Estate or Inheritance Taxes
If you inherit assets in these states, you won’t owe state-level estate or inheritance taxes.
States with No Estate or Inheritance Taxes:
- Alaska
- Arizona
- Florida
- Nevada
- New Hampshire
- South Dakota
- Texas
- Tennessee
- Wyoming
What This Means: Heirs in these states only need to consider federal estate tax if the estate exceeds $13.61 million (2024).
2. States with Estate Taxes
Estate taxes apply to the total value of an estate before distribution to heirs.
States with Estate Taxes (2024):
- Connecticut (Exemption: $13.61M)
- Hawaii (Exemption: $5.49M)
- Illinois (Exemption: $4M)
- Maine (Exemption: $6.8M)
- Maryland (Exemption: $5M)
- Massachusetts (Exemption: $1M)
- Minnesota (Exemption: $3M)
- New York (Exemption: $6.94M)
- Oregon (Exemption: $1M)
- Rhode Island (Exemption: $1.77M)
- Vermont (Exemption: $5M)
- Washington (Exemption: $2.19M)
What This Means: If the estate is above the exemption threshold, estate taxes may apply. Rates range from 10% to 20%.
3. States with Inheritance Taxes
Inheritance taxes are paid by the heir after receiving assets, depending on their relationship to the deceased.
States with Inheritance Taxes (2024):
- Iowa (Repealed in 2025)
- Kentucky
- Maryland (Only state with both estate and inheritance tax)
- Nebraska
- New Jersey
- Pennsylvania
What This Means:
- Spouses and close relatives (children, grandchildren) often pay no tax or receive lower rates.
- More distant relatives and non-relatives may owe up to 18 percent. Nebraska and Pennsylvania have the highest rates.
4. Community Property vs. Common Law States
The way marital assets are inherited varies depending on whether a state follows community property or common law principles.
Community Property States
In these states, spouses own 50 percent of all marital assets, meaning surviving spouses automatically inherit half.
- Arizona
- California
- Idaho
- Louisiana
- Nevada
- New Mexico
- Texas
- Washington
- Wisconsin
What This Means: A surviving spouse typically inherits at least half of the marital property automatically.
Common Law States
In these states, inheritance is determined by wills or intestacy laws (if no will exists).
All other U.S. states follow common law inheritance rules.
What This Means: A spouse may not automatically inherit everything unless specified in a will.
5. Intestate Succession: Who Inherits if There’s No Will?
If someone dies without a will (intestate), state laws determine who inherits assets.
Typical Order of Inheritance in Most States:
- Spouse and Children – Usually split assets, with the spouse receiving a larger share.
- Parents – If no spouse or children, parents inherit.
- Siblings – If no spouse, children, or parents, siblings inherit.
- More Distant Relatives – If no close relatives, extended family may inherit.
- State Takes Assets – If no legal heirs exist, assets escheat to the state.
What This Means: Without a will, state laws decide inheritance, often leading to unexpected outcomes.
6. Special Considerations for Minors and Special Needs Heirs
- Minors: If a child inherits assets, a guardian or trust may be required to manage the inheritance until adulthood.
- Special Needs Heirs: Inheriting assets directly could disqualify a special needs individual from government benefits. A special needs trust can help protect both the inheritance and benefits.
What This Means: Planning ahead with trusts can protect assets for minors or disabled heirs.
7. Probate Laws: How Inheritance is Handled in Court
Probate is the legal process of settling an estate, which varies by state.
States with Simplified Probate (Easier Process)
Some states allow small estates to bypass full probate:
- California: Estates under $184,500 avoid formal probate.
- Texas: Small estate affidavits available for estates under $75,000.
- Florida: Summary administration available for estates under $75,000.
What This Means: Avoiding probate saves time and legal fees. Strategies like living trusts can help bypass probate entirely.
8. Digital Assets and Cryptocurrency Inheritance
- Some states have laws that govern access to digital assets (social media, emails, cryptocurrency).
- Without planning, digital assets may be inaccessible after death.
- A digital estate plan can ensure these assets are properly transferred.
What This Means: Include passwords and access instructions in estate planning to avoid losing digital wealth.
Final Thoughts
Inheritance laws vary widely by state, affecting estate taxes, probate, and asset distribution. Creating a will, using trusts, and planning ahead can ensure assets are passed down smoothly and tax-efficiently.
Take Action:
- Check state-specific laws where you or your heirs live.
- Create or update a will to ensure assets are distributed according to your wishes.
- Consider a trust to protect assets and bypass probate.
- Consult an estate attorney for state-specific inheritance planning.
Would you like help with estate planning tools or state-specific guidance? Let me know!