The estate tax exemption is a crucial factor in estate planning, determining the amount of wealth an individual can pass to their heirs without incurring federal estate taxes. As of 2025, the federal estate tax exemption is approximately $13.99 million per individual and $28 million for married couples, reflecting inflation adjustments. This exemption shields a significant portion of wealth from taxation, ensuring that many estates remain untaxed at the federal level.

However, substantial changes are on the horizon. Under the provisions of the Tax Cuts and Jobs Act (TCJA) of 2017, the current elevated exemption levels are set to expire on December 31, 2025. Without congressional intervention, the exemption will revert to a pre-TCJA level of $5 million, adjusted for inflation, meaning that by 2026, the exemption could drop to approximately $7 million per individual and $14 million per married couple. This impending change could lead to higher estate tax liabilities for families with larger estates, making proactive estate planning more essential than ever.

How the Estate Tax Exemption Works

When an individual passes away, the total value of their estate—including real estate, bank accounts, investments, businesses, and other assets—is calculated. If the estate’s total value falls below the exemption amount, no federal estate tax is owed. However, if the estate exceeds the exemption, the excess amount is subject to federal estate taxes, with rates that can reach up to 40%.

For example, consider an individual who passes away in 2025 with an estate worth $15 million. Given the exemption amount of $13.99 million, only the excess $1.01 million would be subject to federal estate tax. If the top estate tax rate of 40% applies, the estate would owe approximately $404,000 in federal estate taxes.

If the exemption reverts to a lower level in 2026, more estates will become taxable. Under a potential exemption of $7 million per individual, the same $15 million estate would have $8 million subject to estate tax, significantly increasing the tax liability.

State-Level Estate Taxes

In addition to federal estate taxes, several states impose their own estate taxes, often with lower exemption thresholds than the federal government. Currently, states such as New York, Massachusetts, Oregon, and Minnesota have estate taxes, with exemptions significantly lower than the federal limit. For example, Massachusetts has an exemption of only $1 million, meaning that estates exceeding this amount could owe state estate taxes even if they fall below the federal exemption.

Some states, such as Florida and Texas, do not impose state estate taxes, making them attractive locations for wealth preservation. Estate planning should account for both federal and state tax implications to optimize wealth transfer strategies effectively.

Estate Planning Strategies to Minimize Estate Taxes

With the upcoming reduction in the estate tax exemption, individuals with substantial estates should consider strategies to mitigate tax liability and ensure smooth wealth transfer to heirs. Some key estate planning techniques include:

1. Lifetime Gifting: Individuals can make use of the annual gift tax exclusion to transfer wealth during their lifetime. In 2025, the annual gift tax exclusion allows individuals to gift up to $18,000 per recipient without affecting their lifetime exemption. Strategic gifting can help reduce the size of a taxable estate over time.
2. Irrevocable Trusts: By placing assets in an irrevocable trust, individuals can remove those assets from their taxable estate. Trusts such as Grantor Retained Annuity Trusts (GRATs) and Irrevocable Life Insurance Trusts (ILITs) can be effective tools for estate tax reduction.
3. Charitable Contributions: Donating assets to charitable organizations can provide both estate tax benefits and income tax deductions. Charitable remainder trusts (CRTs) and donor-advised funds (DAFs) are common strategies used to reduce taxable estates while supporting philanthropic causes.
4. Spousal Transfers and Portability: The unlimited marital deduction allows spouses to transfer assets tax-free to each other. Additionally, portability enables a surviving spouse to use any unused portion of their deceased spouse’s exemption, effectively doubling the estate tax exemption for a couple.
5. Business Succession Planning: For business owners, estate planning should include succession strategies that minimize estate taxes. Family Limited Partnerships (FLPs) and grantor trusts can help transfer business ownership while reducing estate tax liability.

Why Estate Planning Is More Important Than Ever

With the estate tax exemption set to drop significantly after 2025, individuals with estates valued above $7 million (or $14 million for couples) should take immediate action to secure their wealth. Reviewing estate plans with financial advisors and estate attorneys can help ensure that strategies are in place to reduce tax burdens and protect family wealth.

Furthermore, Congress may enact new legislation that affects the estate tax exemption. Given the uncertainty surrounding tax law changes, staying informed and being proactive with estate planning is critical.

Conclusion

The estate tax exemption is a key consideration for individuals looking to transfer wealth efficiently. While the current exemption remains high for 2025, the scheduled reduction in 2026 underscores the importance of planning ahead. By utilizing gifting strategies, trusts, charitable giving, and spousal deductions, individuals can minimize their estate tax liabilities and secure their financial legacy. Consulting with estate planning professionals will help ensure that families are well-prepared for the changing tax landscape.

The commentary on this blog reflects the personal opinions, viewpoints and analyses of the author, Katherine Sullivan, and should not be regarded as a description of advisory services provided by Foundations Investment Advisors, LLC (“Foundations”), or performance returns of any Foundations client. The views reflected in the commentary are subject to change at any time without notice. Any mention of a particular security and related performance data is not a recommendation to buy or sell that security, or any security. Foundations manages its clients’ accounts using a variety of investment techniques and strategies, which are not necessarily discussed in the commentary.