California Estate Tax 2025: What You Need to Know

Published: January 2025 | Updated: January 2025 | 18 min read

Quick Answer: California does NOT have a state estate tax or inheritance tax. However, federal estate tax applies to estates exceeding $13.61 million (individual) or $27.22 million (married couples) in 2025, with rates up to 40%. Proper estate planning with trusts can help minimize or eliminate estate taxes for high-net-worth families.

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Table of Contents

California Estate Tax: The Good News

Let's start with the best news first: California does NOT have a state estate tax. If you're a California resident, you don't need to worry about paying state estate taxes, no matter how large your estate is.

History of California's Estate Tax

California had an estate tax prior to 1982, but it was based on a federal credit system. When federal law changed in 1982, California's estate tax was effectively eliminated. Unlike many states that created their own independent estate taxes after federal changes, California chose not to reinstate any state-level estate or inheritance taxes.

California Estate Tax Status

What This Means for California Residents

As a California resident, your estate planning focus should be on:

For most California families, avoiding probate is far more important than estate tax planning. A $500,000 California estate pays zero estate tax but faces $26,000+ in probate fees without a living trust. Learn more about California's probate process.

Federal Estate Tax 2025: What You Need to Know

While California has no estate tax, California residents are still subject to federal estate tax. The good news: only about 0.1% of estates (roughly 1 in 1,000) owe any federal estate tax due to the high exemption threshold.

How Federal Estate Tax Works

Federal estate tax is a tax on your right to transfer property at death. Here's how it works:

  1. Calculate gross estate: Add up all assets you own at death (real estate, investments, bank accounts, life insurance, retirement accounts, business interests)
  2. Subtract deductions: Funeral expenses, debts, attorney fees, property passing to spouse (unlimited marital deduction), charitable gifts
  3. Apply exemption: Subtract the $13.61 million exemption ($27.22 million for married couples)
  4. Calculate tax: Apply progressive tax rates (18%-40%) to the remaining amount
  5. Pay tax: Estate tax return (Form 706) due within 9 months of death

Federal Estate Tax Example

California couple with $20 million estate:

Estate Tax Exemption Thresholds 2025

The federal estate tax exemption is adjusted annually for inflation. Here are the 2025 thresholds:

Year Individual Exemption Married Couple Exemption Gift Tax Exemption
2024 $13.61 million $27.22 million $13.61 million (lifetime)
2025 $13.99 million $27.98 million $13.99 million (lifetime)
2026 ~$7 million (estimated) ~$14 million (estimated) ~$7 million (lifetime)

Important: 2026 Tax Law Sunset

The current high exemption amounts are temporary. Under the Tax Cuts and Jobs Act of 2017, these exemptions are scheduled to be cut approximately in half on January 1, 2026.

Portability for Married Couples

Married couples get a special benefit called "portability" that allows the surviving spouse to use any unused portion of the deceased spouse's exemption:

Important: To elect portability, you must file a federal estate tax return (Form 706) within 9 months of the first spouse's death, even if no tax is owed.

Estate Worth Over $7 Million? Plan NOW Before 2026

2026 Sunset
Exemption Cuts to ~$7M
Act Now
Lock in $13.99M Exemption

Time is running out to take advantage of the current high exemptions

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Federal Estate Tax Rates (18%-40%)

Federal estate tax uses a progressive rate structure, similar to income tax. The more your estate exceeds the exemption, the higher the tax rate.

2025 Federal Estate Tax Rate Schedule

Taxable Estate Amount Tax Rate Tax on Lower Amount + Rate on Excess
$0 - $10,000 18% $0 18% of amount over $0
$10,001 - $20,000 20% $1,800 20% of amount over $10,000
$20,001 - $40,000 22% $3,800 22% of amount over $20,000
$40,001 - $60,000 24% $8,200 24% of amount over $40,000
$60,001 - $80,000 26% $13,000 26% of amount over $60,000
$80,001 - $100,000 28% $18,200 28% of amount over $80,000
$100,001 - $150,000 30% $23,800 30% of amount over $100,000
$150,001 - $250,000 32% $38,800 32% of amount over $150,000
$250,001 - $500,000 34% $70,800 34% of amount over $250,000
$500,001 - $750,000 37% $155,800 37% of amount over $500,000
$750,001 - $1,000,000 39% $248,300 39% of amount over $750,000
Over $1,000,000 40% $345,800 40% of amount over $1,000,000

Estate Tax Calculation Examples

Example 1: Single person, $15 million estate (2025)

Example 2: Single person, $25 million estate (2025)

Example 3: Married couple, $30 million estate (2025)

The Real Impact of Estate Tax

While the top rate is 40%, the effective tax rate (percentage of total estate) is much lower for estates near the exemption threshold. However, for very large estates, the tax can be substantial:

This is why estate tax planning is critical for high-net-worth families. Proper trust planning can save millions in estate taxes.

Gift Tax Rules and Annual Exclusion

The federal gift tax and estate tax are part of a unified system. Gifts made during your lifetime count against your lifetime exemption.

Annual Gift Tax Exclusion 2025

You can give up to $18,000 per person per year (2024, indexed for inflation in 2025) without using any of your lifetime exemption or filing a gift tax return.

Annual Exclusion Gift Examples

Example 1: Couple with 3 children

Example 2: Grandparents with 5 grandchildren

Lifetime Gift Tax Exemption

Gifts above the annual exclusion count against your lifetime exemption ($13.99 million in 2025). You don't pay gift tax until you've used your entire lifetime exemption.

How it works:

Strategic Gifting for Estate Tax Reduction

Lifetime gifting is a powerful estate tax reduction strategy:

Important Gift Tax Rules

Step-Up in Basis: Major Tax Benefit

One of the biggest tax benefits of inheriting property is the "step-up in basis" rule. This is often more valuable than avoiding estate tax.

How Step-Up in Basis Works

When you inherit property, your tax basis (cost for capital gains purposes) is "stepped up" to the fair market value at the date of death, eliminating all capital gains tax on appreciation during the deceased's lifetime.

Step-Up in Basis Example

California home purchased in 1980:

Without step-up (if gifted instead):

Step-up saves $285,000 in capital gains tax

California Community Property Step-Up

California's community property laws provide an even bigger benefit for married couples:

Community Property Double Step-Up Example

Married couple owns California home as community property:

Community property (both halves step up):

If held as joint tenancy (only half steps up):

Community property saves $90,000 in capital gains tax

Gift vs. Inheritance Tax Comparison

Factor Gift During Life Inherit at Death
Basis to recipient Carryover (donor's basis) Stepped-up (FMV at death)
Capital gains tax Beneficiary pays on all appreciation No tax on pre-death appreciation
Estate tax impact Reduces taxable estate Included in taxable estate
Best for High basis assets, estates over exemption Highly appreciated assets, estates under exemption

Key Takeaway: For most California families with estates under $13.99 million, it's better to hold appreciated assets until death to get the step-up in basis. For estates over the exemption, gifting highly appreciated assets may make sense despite losing the step-up.

Maximize Tax Benefits with Proper Estate Planning

A living trust preserves step-up in basis while avoiding probate costs

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California Inheritance Tax (Spoiler: None)

Good news: California does NOT have an inheritance tax. Beneficiaries do not pay California state tax when they inherit property.

Estate Tax vs. Inheritance Tax: What's the Difference?

Feature Estate Tax Inheritance Tax
Who pays The estate (before distribution) The beneficiary (after receiving inheritance)
Based on Total value of estate Amount inherited + relationship to deceased
Federal Yes (over $13.99M in 2025) No federal inheritance tax
California No state estate tax No state inheritance tax
States with tax 12 states + DC have estate tax 6 states have inheritance tax

States with Inheritance Tax (Not California)

Only 6 states have an inheritance tax: Iowa, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania. California is NOT one of them.

What this means for California beneficiaries:

How Trusts Help with Estate Tax Planning

Trusts are powerful tools for estate tax planning, especially for high-net-worth California families. Different types of trusts serve different tax purposes.

Revocable Living Trust (For Probate, Not Estate Tax)

A revocable living trust is the most common trust in California. It's excellent for avoiding probate but provides no estate tax savings because you maintain control.

Learn more about what a living trust is and how to create one.

Irrevocable Life Insurance Trust (ILIT)

An irrevocable life insurance trust removes life insurance proceeds from your taxable estate.

ILIT Estate Tax Savings Example

Without ILIT:

With ILIT:

ILIT saves $1,204,000 in estate taxes

AB Trust (Bypass Trust) for Married Couples

An AB trust (also called bypass trust or credit shelter trust) was very popular before portability. It's less common now but still useful in some situations:

QTIP Trust (Qualified Terminable Interest Property)

A QTIP trust provides income to surviving spouse while controlling ultimate disposition of assets:

Grantor Retained Annuity Trust (GRAT)

A GRAT is an advanced estate planning technique for wealthy families:

Charitable Remainder Trust (CRT)

A charitable remainder trust provides income to you, with remainder going to charity:

Dynasty Trust

A dynasty trust can last for multiple generations:

Choosing the Right Trust for Estate Tax Planning

Estate under $13.99 million:

Estate $13.99M - $27.98M (married):

Estate over $27.98M:

2026 Tax Law Changes: What's Coming

The single biggest estate tax issue facing California families is the scheduled sunset of the Tax Cuts and Jobs Act provisions on December 31, 2025.

What Changes in 2026

Item 2025 (Current) 2026+ (After Sunset) Impact
Individual exemption $13.99 million ~$7 million Cut approximately in half
Married exemption $27.98 million ~$14 million Cut approximately in half
Gift tax exemption $13.99 million lifetime ~$7 million lifetime Reduced gifting capacity
GST exemption $13.99 million ~$7 million Less generation-skipping ability

Urgent Action Needed Before 2026

If your estate is currently between $7 million and $13.99 million, you need to take action before December 31, 2025:

Estate: $10 million (single person)

Strategies to implement NOW:

Time is running out. Consult an estate planning attorney immediately if your estate exceeds $7 million.

IRS Anti-Clawback Rule

Good news: The IRS issued regulations confirming that gifts made before 2026 using the higher exemption will NOT be "clawed back" if you die after the exemption is reduced.

Example:

This means there's no downside to making large gifts before 2026, as long as you can afford to part with the assets.

Capital Gains Tax Considerations

While California has no estate tax, capital gains taxes are an important consideration for estate planning.

California Capital Gains Tax Rates

Tax Type Rate Notes
Federal long-term capital gains 0%, 15%, or 20% Based on income level
Federal NIIT (Net Investment Income Tax) +3.8% High earners (>$200K single, $250K married)
California state capital gains Up to 13.3% Taxed as ordinary income
Total maximum rate 37.1% 20% + 3.8% + 13.3%

Strategies to Minimize Capital Gains Tax

Retirement Account Taxes

Inherited retirement accounts (IRAs, 401(k)s) have special tax rules:

For large retirement accounts, consider Roth conversions during your lifetime to reduce beneficiaries' tax burden.

Frequently Asked Questions

Does California have an estate tax in 2025?

No, California does NOT have a state estate tax. California abolished its estate tax in 1982 and has not reinstated it. However, California residents are still subject to federal estate tax if their estate exceeds $13.61 million (individual) or $27.22 million (married couple) in 2025.

What is the federal estate tax exemption for 2025?

The federal estate tax exemption for 2025 is $13.99 million per individual ($27.98 million for married couples who properly plan). Only estates exceeding this amount owe federal estate tax. The exemption is scheduled to drop to approximately $7 million per person in 2026 when the Tax Cuts and Jobs Act provisions sunset.

Does California have an inheritance tax?

No, California does not have an inheritance tax. Beneficiaries in California do not pay state taxes when they inherit property, regardless of the estate's value or their relationship to the deceased. California is one of 38 states with no inheritance tax. However, beneficiaries may owe federal income tax on inherited retirement accounts and capital gains tax if they sell inherited property.

What is the federal estate tax rate in 2025?

Federal estate tax rates in 2025 range from 18% to 40%, with the top rate of 40% applying to amounts exceeding $1 million over the exemption threshold. The tax is progressive, meaning higher estate values are taxed at higher rates. Most taxable estates pay the maximum 40% rate because they exceed the $1 million threshold above the exemption.

How can a living trust help with estate taxes in California?

For estates under $13.99 million, a revocable living trust provides no estate tax savings but avoids $26,000+ in probate fees and preserves the step-up in basis. For estates over the exemption, irrevocable trusts (ILIT, GRAT, AB trust, QTIP) can reduce or eliminate estate taxes by removing assets from your taxable estate or maximizing both spouses' exemptions. Proper trust planning can save high-net-worth families millions in estate taxes. Create your living trust for $400.

What is the annual gift tax exclusion for 2025?

The annual gift tax exclusion for 2025 is $18,000 per person per year (2024 amount, adjusted for inflation). You can give $18,000 to as many people as you want without using any of your lifetime exemption or filing a gift tax return. Married couples can combine their exclusions to give $36,000 per recipient annually. This is a powerful estate tax reduction strategy.

What happens to the estate tax exemption in 2026?

The estate tax exemption is scheduled to be cut approximately in half on January 1, 2026, when the Tax Cuts and Jobs Act provisions sunset. The exemption will drop from $13.99 million (2025) to approximately $7 million per person (adjusted for inflation). This means millions more estates will owe federal estate tax starting in 2026. If your estate is $7-14 million, you should implement estate tax planning strategies NOW before the exemption drops.

Do I get a step-up in basis on inherited property in California?

Yes, you receive a step-up in basis on inherited property in California. Your basis is adjusted to the fair market value at the date of death, eliminating capital gains tax on appreciation during the deceased's lifetime. For California community property, BOTH halves get stepped up when the first spouse dies, providing a double step-up benefit. This is one of the most valuable tax benefits of estate planning.

Should I gift assets now or hold them until death?

It depends on your estate size. Estates under $13.99M: Generally hold assets until death to get step-up in basis (saves capital gains tax). Estates over $13.99M: Consider gifting to reduce estate tax, especially before 2026 exemption reduction. Highly appreciated assets: Compare capital gains tax (if gifted) vs. estate tax (if held). Consult an estate planning attorney for personalized advice.

Can I avoid estate tax with a living trust?

A revocable living trust does NOT reduce estate tax because you retain control of assets. However, it avoids probate (saves $26,000+ on $500K estate) and preserves step-up in basis. For estates over $13.99 million, irrevocable trusts can reduce estate tax by removing assets from your estate. High-net-worth families need specialized irrevocable trusts (ILIT, GRAT, AB trust) for estate tax planning. Start with a revocable living trust for $400.

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✓ Avoid $26,000+ in probate fees
✓ Preserve step-up in basis tax benefits
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Last Updated: January 2025
Attorney: Rozsa Gyene, State Bar #208356
Service Area: California (all counties)
Disclaimer: This article provides general information about California estate tax in 2025. Tax laws are complex and subject to change. Estate tax exemptions are scheduled to change in 2026. Consult with a qualified estate planning attorney and tax professional for advice specific to your situation. This article does not constitute legal or tax advice.

Attorney Rozsa Gyene

Legal Review By

Rozsa Gyene, Esq.

California State Bar #208356 | Licensed Since 2000

25+ years estate planning experience in California

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Los Angeles 18-24 mo. backlog Irvine 18-22 mo. backlog San Diego 14-18 mo. backlog Oakland 20-24 mo. backlog Riverside 16-20 mo. backlog Fresno 14-18 mo. backlog Stockton 12-16 mo. backlog Bakersfield 12-16 mo. backlog
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Information verified by Rozsa Gyene, Esq. (CA Bar #208356) for 2025 statutory compliance.