Rankings · No state death tax

States with no estate or inheritance tax

33 states impose neither an estate tax nor an inheritance tax on their residents. Estates there can still owe federal estate tax above the permanent $15M exemption (2026).

Data updated 2026-05-15

33
States with no estate or inheritance tax
18
States + DC that still levy a death tax
$15M
Federal exemption (permanent, 2026)
6 mo
Fastest probate start (Alabama)

According to the Tax Foundation State Estate and Inheritance Tax Survey of 2024, 33 states levy neither an estate tax nor an inheritance tax on their residents. Estates in those states can still owe federal estate tax above the exemption, which the One Big Beautiful Bill Act made a permanent $15,000,000 per person effective 2026 (signed July 4, 2025), a threshold that, per the Internal Revenue Service Statistics of Income, only a small share of estates ever reach. See our methodology for sources and how state death-tax status is determined.

The verdict

33 states levy no state-level estate or inheritance tax, so residents there face only the federal estate tax above $15M - while 18 states and DC still impose a death tax of their own.

33
No estate or inheritance tax
18
States + DC with a death tax
$15M
Federal exemption (permanent)
33
No-tax states with a small-estate shortcut
33 states with no estate or inheritance tax

Probate Details

State Probate Timeline Attorney Fee Small Estate
Alabama 6–12 mo hourly $25K
Alaska 6–12 mo hourly $150K
Arizona 6–12 mo 3% $100K
Arkansas 9–18 mo 5% $100K
California 9–18 mo 4% $185K
Colorado 6–12 mo hourly $80K
Delaware 6–12 mo 4% $30K
Florida 9–18 mo 3% $75K
Georgia 6–12 mo hourly $10K
Idaho 6–12 mo hourly $100K
Indiana 6–12 mo hourly $50K
Kansas 6–12 mo hourly $40K
Louisiana 6–18 mo 3% $75K
Michigan 6–12 mo hourly $15K
Mississippi 6–12 mo 2.5% $50K
Missouri 6–12 mo 5% $40K
Montana 6–12 mo hourly $100K
Nevada 6–12 mo 2% $25K
New Hampshire 6–12 mo hourly $10K
New Mexico 6–12 mo hourly $50K
North Carolina 9–18 mo hourly $20K
North Dakota 6–12 mo hourly $50K
Ohio 9–18 mo 4% $35K
Oklahoma 9–18 mo 5% $200K
South Carolina 9–18 mo 5% $25K
South Dakota 6–12 mo hourly $50K
Tennessee 9–18 mo 5% $50K
Texas 6–12 mo hourly $75K
Utah 6–12 mo hourly $100K
Virginia 6–12 mo pct $50K
West Virginia 6–12 mo 5% $50K
Wisconsin 6–12 mo 3% $50K
Wyoming 6–12 mo hourly $200K

Why This Matters for Estate Planning

  • Establishing domicile in a no-tax state can eliminate state-level estate and inheritance taxes
  • Federal estate tax applies to estates over the permanent $15M exemption (2026)
  • The One Big Beautiful Bill Act (July 2025) repealed the scheduled 2026 sunset and set a permanent $15M exemption
  • ! State residency rules vary, multiple states may claim you as a domiciliary
  • ! Real property located in an estate-tax state may still be subject to that state's tax

What no-tax states mean

Living in one of these 33 states removes the state death tax entirely, leaving only the federal estate tax above $15M.

  • The other 18 states and DC still levy an estate or inheritance tax, see which ones tax the largest share of estates. Lowest exemptions
  • Establishing domicile in a no-tax state can erase state-level estate and inheritance tax, but residency rules are strict. Estate planning basics
  • Federal estate tax still applies above the permanent $15M exemption, estimate your exposure. Open the calculator

This is not legal or tax advice. Tax laws change. Consult a qualified estate-planning attorney before making domicile or planning decisions.

Every figure on PlainEstate is rendered directly from IRS Statistics of Income and state statutory data, no number is typed in by an editor. This page draws directly on IRS Statistics of Income and state statutory data, no figure is typed in by an editor. See our editorial standards & corrections policy, the methodology behind these numbers, or report a data error.