With the federal estate tax exemption now $15 million per person, many clients assume estate tax is no longer their problem. But a number of states impose their own estate or inheritance taxes, often with much lower thresholds. For clients in those states, life insurance still plays an important role in estate liquidity.
Key takeaways
- The federal exemption is $15 million per person ($30 million for couples) under the One Big Beautiful Bill Act, but state taxes are separate.
- Some states levy an estate tax with exemptions far below the federal level, and a few levy inheritance taxes on what heirs receive.
- A large life insurance policy can itself push a client’s estate over a state threshold if it isn’t owned properly.
A client can owe nothing to the IRS and still leave heirs a sizable state estate or inheritance tax bill.
The federal picture: $15 million and permanent
The One Big Beautiful Bill Act, signed in July 2025, set the federal estate and gift tax exemption at $15 million per person ($30 million for married couples) starting in 2026, with no sunset and inflation indexing after 2026. The top federal rate remains 40%. For most clients, federal estate tax is no longer a concern. See our article on the $15 million exemption for details.
That doesn’t mean estate planning is finished. Clients should still be reassured, with clear explanations, about where they stand, and some clients face state-level taxes the federal change didn’t touch.
State estate taxes vs. inheritance taxes
State estate taxes are charged on the estate itself before assets pass to heirs. A number of states and the District of Columbia have one, and some exemptions are far lower than the federal amount, in some states as low as $1 million.
Inheritance taxes are charged on what a beneficiary receives, and the rate often depends on the heir’s relationship to the deceased. Spouses are usually exempt and children often are, while siblings, nieces, nephews and friends may pay more. At least one state has both an estate tax and an inheritance tax.
State rules and thresholds change regularly, so always confirm current law for the client’s state of residence and any state where they own real estate.
How life insurance can create or solve the problem
Life insurance can push a client into a state estate tax without anyone noticing. Consider a 35-year-old who buys a $3 million term policy to replace a $100,000 income over 30 working years. If that policy is owned personally, the death benefit counts in the estate and could exceed a low state exemption.
The fix is usually ownership. An irrevocable life insurance trust can keep proceeds out of the taxable estate while still providing liquidity to pay any state tax that remains. Our article on estate tax liquidity covers how coverage fills that need.
Questions to ask clients
- Which state do you live in, and do you own property in any other state?
- Who owns your existing life insurance policies?
- Would your heirs include anyone other than a spouse or children?
- Have you reviewed your plan since the 2025 federal changes?
Contact us for help running the numbers or designing trust-owned coverage.
Frequently asked questions
Which states have an estate or inheritance tax?
A number of states and the District of Columbia impose an estate tax, and a handful impose an inheritance tax. The list and thresholds change, so confirm current law for the client’s state.
Does the $15 million federal exemption apply to state estate taxes?
No. State estate taxes have their own exemptions, and some are much lower than the federal amount.
Can life insurance proceeds be subject to state estate tax?
Yes, if the insured owns the policy at death the proceeds are generally included in the estate. Trust ownership can help keep them out.
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Reviewed by Tim Fuller on 2026-09-26
Tim Fuller
President, SRS Inc.
Tim leads SRS Inc., a full-service IMO (Independent Marketing Organization) and BGA (Brokerage General Agency), connecting independent financial professionals with life, annuity, disability income, and long-term care solutions from 60+ carrier partners.
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