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The executor of a decedents estate files Form 706 to figure any estate tax levied on the entire taxable estate (not just on the share received by a particular beneficiary).
Generally, for New York estate tax purposes, if the value of assets passing to beneficiaries other than a spouse or charity is below a certain threshold ($6.58 million in 2023), the assets are fully exempt from tax and no New York estate taxes will be due.
Form 706 must be filed by the executor of the estate of every U.S. citizen or resident: Whose gross estate, adjusted taxable gifts, and specific exemptions total more than the exclusion amount: $12.92 million for decedents who died in 2023 ($13.61 million in 2024), or3.
An estate tax return (Form 706) must be filed if the gross estate of the decedent (who is a U.S. citizen or resident), increased by the decedents adjusted taxable gifts and specific gift tax exemption, is valued at more than the filing threshold for the year of the decedents death, as shown in the table below.
In the United States, we have two types of taxes as they relate to deathForm 706, often referred to as an estate tax return, and Form 1041, an income tax return for estates and trusts. These two forms serve different purposes and both, one, or neither may need to be filed when someone passes away.
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The personal representative of the estate must file the estate tax return. If there is no personal representative, the person who has the decedents property must file the return. The term personal representative includes: Executor.
You must file Form ET-706 within nine months after the decedents date of death, unless you receive an extension of time to file the return. An extension of time to file the estate tax return may not exceed six months, unless the executor is out of the country.
The estate of every individual who was a resident of New York State at the time of death must file a New York State estate tax return if the estate is required to file a federal estate tax return, Form 706 (applicable to estates of individuals whose date of death is on or after February 1, 2000).

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