Corey & Jennifer WashingtonWashington George Volandes PLLC

The New York Estate Tax Cliff, Explained

New York has its own estate tax, and its exclusion is about half the federal exemption. Above the exclusion, the state also takes the exclusion away quickly.

The 2026 numbers

For deaths in 2026, New York's basic exclusion amount is $7,350,000. The federal exemption is $15 million per person.

An estate at or below $7,350,000 generally owes no New York estate tax. The credit then phases out. Once the New York taxable estate exceeds 105% of the exclusion, or $7,717,500, no credit remains.

What that looks like

At $7,717,500, the estimated New York tax is about $734,780. An estate of $7,350,000 would owe nothing in the same calculation.

Why married couples should pay attention

New York does not recognize portability between spouses. A surviving spouse cannot simply use the first spouse's unused New York exclusion, so couples may need planning even when they owe no federal tax.

Common planning topics

  • How assets are titled between spouses
  • Trusts designed to use each spouse's exclusion
  • Lifetime gifts, including New York's rules for certain gifts made near death
  • Charitable planning
  • Changing residency, including how New York real property is treated

Try the New York estate tax calculator

General information as of 2026, not legal advice. Laws change, and your situation may differ.

Talk it through with an attorney.

Tell us about your family, your property and what you want to protect. We will explain your options and quote a fixed fee before any work begins.

Corey A. Washington, Esq.Admitted in New York and Georgia
Jennifer Washington, Esq.Admitted in New York and Georgia
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