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California Estate Tax 2026: What You Need to Know

Published: January 2025 | Updated: October 6, 2026 | 18 min read

Quick Answer: California does NOT have a state estate tax or inheritance tax. However, federal estate tax applies to estates exceeding $15,000,000 per person in 2026 ($30,000,000 combined for a married couple when both spouses' exclusions are used), at 40% on the amount above the exclusion. 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.

No State Estate Tax in California

California does not have a state estate tax or inheritance tax. Some states impose their own estate or inheritance taxes, but California does not, so the only estate tax a California resident's estate can owe is the federal estate tax.

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 2026: What You Need to Know

While California has no estate tax, California residents are still subject to federal estate tax. The good news: because of the high exemption, only a small share of estates owe any federal estate tax.

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 $15,000,000 exclusion for 2026 ($30,000,000 combined for a married couple when both spouses' exclusions are used)
  4. Calculate tax: The amount above the exclusion is taxed at 40%
  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 2026

The federal estate and gift tax exclusion for 2026 is $15,000,000 per person. That figure was set by federal legislation signed July 4, 2025, and it will be adjusted for inflation starting in 2027. Here are the 2025 and 2026 figures:

Year Individual Exemption Married Couple Exemption (both used) Gift Tax Exemption
2025 $13.99 million $27.98 million $13.99 million (lifetime)
2026 $15 million $30 million $15 million (lifetime)

Important: The Exclusion Did Not Drop in 2026

The exclusion went up for 2026, not down. Under current law there is no scheduled reduction.

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, the executor must file a federal estate tax return (Form 706), even if no tax is owed. It is due 9 months after the first spouse's death (a 6-month extension is available); if no return was otherwise required, the IRS allows a portability-only return up to five years after the death (Rev. Proc. 2022-32).

Estate Near or Over $15 Million? Review Your Plan

$15M
2026 Exclusion Per Person
$30M
Married Couple, Both Exclusions Used

Tax law can change. If your estate is near or above the exclusion, review your plan periodically.

Talk to the Attorney →

Federal Estate Tax Rates (18%-40%)

Federal estate tax uses a graduated rate schedule, similar to income tax, running from 18% to 40%. The 40% rate starts at $1,000,000, and the exclusion ($15,000,000 per person in 2026) is far larger than that, so the lower brackets are used up by the exclusion. In practice, the amount of an estate above the exclusion is taxed at 40%.

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, $16 million estate (death in 2026)

Example 2: Single person, $25 million estate (death in 2026)

Example 3: Married couple, $35 million estate, both exclusions used (2026 figures)

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 2026

You can give up to $19,000 per person per year (2026, the same as 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 ($15 million in 2026). 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 at least $285,000 in federal 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 at least $90,000 in federal 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 $15 million per person (2026), 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

Create Your Living Trust - $400 →

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 $15M in 2026) No federal inheritance tax
California No state estate tax No state inheritance tax
States with tax Some states have an estate tax A few states have an inheritance tax

States with Inheritance Tax (Not California)

A few states have an inheritance tax. 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 $800,000 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 $15 million per person (2026):

Estate $15M to $30M (married, 2026):

Estate over $30M (married, 2026):

What Changed for 2026

For 2026, the federal estate and gift tax exclusion is $15,000,000 per person, or $30,000,000 combined for a married couple when both spouses' exclusions are used. That figure was set by federal legislation signed July 4, 2025. For 2025 the exclusion was $13,990,000. The $15,000,000 amount will be adjusted for inflation starting in 2027, and there is no scheduled reduction under current law.

2025 and 2026 Compared

Item 2025 2026 (Current) Notes
Individual exemption $13.99 million $15 million Set by federal legislation signed July 4, 2025; adjusted for inflation starting in 2027
Married exemption $27.98 million $30 million Combined, when both spouses' exclusions are used
Gift tax exemption $13.99 million lifetime $15 million lifetime Same unified exclusion as the estate tax
Annual gift tax exclusion $19,000 $19,000 Per recipient, per year

What This Means for Planning

Because the exclusion rose for 2026 and has no scheduled reduction under current law, most California families will not owe federal estate tax.

Estate: $10 million (single person, death in 2026)

Tools to discuss if your estate is near or above the exclusion:

Tax law can change. If your estate is near or above $15 million ($30 million for a married couple), review your plan with an estate planning attorney periodically.

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 2026?

No, California does NOT have a state estate tax. California does not have a state estate tax or inheritance tax. However, California residents are still subject to federal estate tax if their estate exceeds $15,000,000 per person in 2026 ($30,000,000 combined for a married couple when both spouses' exclusions are used).

What is the federal estate tax exemption for 2026?

The federal estate tax exemption (the basic exclusion amount) for 2026 is $15,000,000 per person, or $30,000,000 combined for a married couple when both spouses' exclusions are used. Only the amount above the exclusion is taxed, at 40%. The figure was set by federal legislation signed July 4, 2025, will be adjusted for inflation starting in 2027, and has no scheduled reduction under current law. For 2025 it was $13,990,000.

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. 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 2026?

The federal estate tax rate schedule runs from 18% to 40%. Because the exclusion ($15,000,000 per person in 2026) absorbs the lower brackets, the amount of an estate above the exclusion is taxed at 40%. For example, a single person who dies in 2026 with a $16,000,000 taxable estate owes 40% of $1,000,000, or $400,000.

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

For estates under $15 million per person (2026), 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) can reduce estate taxes, and QTIP trusts can defer them, 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 2026?

The annual gift tax exclusion for 2026 is $19,000 per person per year, the same as in 2025. You can give $19,000 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 $38,000 per recipient annually. This is a powerful estate tax reduction strategy.

What happens to the estate tax exemption in 2026?

It went up, not down. For 2026 the exclusion is $15,000,000 per person ($30,000,000 combined for a married couple when both spouses' exclusions are used), up from $13,990,000 in 2025. The figure was set by federal legislation signed July 4, 2025. It will be adjusted for inflation starting in 2027, and there is no scheduled reduction under current law. Because tax law can change, larger estates should still review their plans periodically.

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 $15M per person (2026): Generally hold assets until death to get step-up in basis (saves capital gains tax). Estates over $15M: Consider gifting to reduce estate tax. 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 $15 million per person (2026), 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.

Protect Your Estate from Probate

Start with a living trust for just $400-$500

✓ California-specific estate planning documents
✓ Attorney review by State Bar #208356 included
✓ Avoid $26,000+ in probate fees
✓ Preserve step-up in basis tax benefits
✓ Foundation for advanced estate tax planning
✓ Most people finish the questionnaire in 20 to 30 minutes from home

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Have a high-net-worth estate? Call the attorney at (818) 337-4071 to discuss whether you need more than a standard trust.

See also: What Is a Living Trust in California? · Living Trust Cost California 2026 · California Probate Process 2026 · Revocable vs Irrevocable Trust · Living Trusts for Married Couples · How to Fund a Living Trust · Living Trust vs Will · How to Create a Living Trust · 10 Living Trust Mistakes

Last Updated: October 6, 2026
Attorney: Rozsa Gyene, State Bar #208356
Service Area: California (all counties)
Disclaimer: This article provides general information about California estate tax in 2026. Tax laws are complex and subject to change. 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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Information verified by Rozsa Gyene, Esq. (CA Bar #208356) for 2026 statutory compliance.

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