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Inheritance Tax in Florida: What You Owe (and What You Donโ€™t)

Florida has no state inheritance tax โ€” here are the four taxes that can still apply

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The short answer: Florida has no state inheritance tax and no state estate tax. Florida is one of the most tax-friendly states in the country for inheritances. However, that does not mean an inheritance is always tax-free — there are four taxes that can still apply, and the rules differ depending on what was inherited, who the beneficiary is, and where the decedent lived.

This guide covers what Florida residents need to know about taxes on an inheritance — what does NOT apply, what might apply, and the four scenarios where federal tax can still reach a Florida estate.

Florida Has No Inheritance Tax — What This Means

Florida abolished its estate tax in 2004 and has never had an inheritance tax. The Florida Constitution (Article VII, Section 5) prohibits the state from imposing such taxes. This means:

  • Florida does not tax the value of an estate at the decedent’s death
  • Florida does not tax the receipt of inherited property by beneficiaries
  • Florida does not tax inheritances based on the beneficiary’s relationship to the decedent
  • This applies whether the inheritance is real estate, cash, retirement accounts, life insurance proceeds, or business interests

Four Taxes That Can Still Apply to a Florida Inheritance

Federal Estate Tax

Applies only when the total estate exceeds the federal exemption ($13.61M individual / $27.22M married couple in 2024, indexed annually). Less than 1% of Florida estates pay it.

Federal Income Tax on Inherited Retirement Accounts

Inherited 401(k), IRA, and pension distributions are taxable income to the beneficiary in the year received. Roth accounts are different and may be tax-free.

Capital Gains Tax on Inherited Property Sold

When you sell inherited property, you pay capital gains on the difference between the sale price and the 'stepped-up basis' (the fair market value at the decedent's death).

Out-of-State Inheritance Tax

If the decedent owned property in another state with inheritance tax (Iowa, Kentucky, Maryland, Nebraska, New Jersey, or Pennsylvania), that state's tax may apply to the out-of-state portion.

Florida Inheritance Tax โ€” Frequently Asked Questions

Does Florida have an inheritance tax?

No. Florida has no inheritance tax and no estate tax. Florida abolished its estate tax in 2004 and has never had an inheritance tax. The Florida Constitution (Article VII, Section 5) prohibits the state from imposing these taxes. This applies regardless of the size of the estate or the relationship between the decedent and the beneficiary.

Will I owe taxes on money I inherit in Florida?

Generally, no. Florida does not tax inheritances. However, you may owe federal income tax on inherited retirement accounts (401(k), IRA, pension), federal estate tax if the total estate exceeds $13.61 million (2024), capital gains tax if you sell inherited property for more than its date-of-death value, or out-of-state inheritance tax if the decedent owned property in Iowa, Kentucky, Maryland, Nebraska, New Jersey, or Pennsylvania.

Do I have to report an inheritance on my taxes in Florida?

For Florida state taxes, no. Florida has no state income tax and no inheritance tax. For federal taxes, you generally do not report the inheritance itself as income, but you do report (1) any income generated by inherited assets after the date of death, (2) distributions from inherited retirement accounts, and (3) any capital gains when you sell inherited property.

Is Florida a tax-friendly state for retirees?

Yes, Florida is among the most tax-friendly states. Florida has no state income tax, no estate tax, no inheritance tax, no tax on retirement income (Social Security, pensions, IRA distributions are not state-taxed), and a homestead exemption that reduces property tax on a primary residence by $50,000. This is why many retirees relocate to Florida.

What is the federal estate tax exemption for 2024?

The federal estate tax exemption for 2024 is $13.61 million per individual and $27.22 million for a married couple (with portability). The exemption is indexed for inflation annually. Estates below this amount owe no federal estate tax. Estates above this amount are taxed at rates up to 40% on the excess. The exemption is scheduled to drop to approximately $7 million per individual on January 1, 2026, unless Congress extends the current law.

Do I owe tax when I inherit a house in Florida?

No tax is owed when you inherit the house. You receive the house at a ‘stepped-up basis’ equal to its fair market value at the decedent’s death. If you later sell the house, you pay federal capital gains tax only on the difference between the sale price and that stepped-up basis. If you live in the house as your primary residence for at least 2 of the 5 years before sale, you can also exclude up to $250,000 ($500,000 married) of gain under IRC ยง 121.

Are life insurance proceeds taxed in Florida?

No. Life insurance death benefits paid to a named beneficiary are not subject to Florida tax and are generally not subject to federal income tax. Federal estate tax may apply if the decedent had ‘incidents of ownership’ over the policy and the total estate exceeds the federal exemption.

Do I owe Florida tax on an inherited IRA or 401(k)?

No Florida tax (because Florida has no state income tax), but yes to federal income tax. Distributions from inherited traditional IRAs, 401(k)s, and pensions are taxable as ordinary income to the beneficiary in the year received. The SECURE Act requires most non-spouse beneficiaries to fully distribute the account within 10 years of the original owner’s death. Inherited Roth accounts may be distributed tax-free if the original owner held the account for at least 5 years.

Florida Probate Guide

Need to administer a Florida estate?

Complete guide to Florida probate โ€” process, timeline, costs, and how to avoid it.

Have a Florida estate to administer? Letโ€™s talk.

Related Florida Estate Topics

Florida Elective Share →

Surviving spouse's 30% statutory right under Fla. Stat. ยง 732.201.

Personal Representative Fees →

Statutory fee schedule for Florida executors under ยง 733.617.

Florida Probate Complete Guide →

Everything you need to know about Florida probate administration.

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