Form ET-85 New York State Estate Tax Certification Revised 2 2025

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For New Yorkers, the state estate tax exemption is $7.16 million in 2025. If you live in New York and your estate value exceeds $7 million or $7.16 million, it is time to meet with an experienced New York estate planning attorney.
The estate of an individual who was a NYS resident at the time of death must file a NYS estate tax return if the total of the federal gross estate plus any includible taxable gifts made while the individual was a resident of New York State exceeds the New York State basic exclusion amount ($6,940,000) applicable for
Includible gifts Under 2503 of the Internal Revenue Code (IRC), the estate must add back any taxable gift: made during the three-year period that ends on the decedents date of death, and. not already included in the decedents federal gross estate.
New York Estate Tax Exemption The New York estate tax threshold is $7.16 million in 2025 and $6.94 million in 2024. That number will keep going up annually with inflation. This means that if a persons estate is worth less than $7.16 million and they die in 2024, the estate owes nothing to the state of New York.
Estate tax is paid by the deceased persons estate based on the net value of assets at death, while inheritance tax is paid by beneficiaries on what they receive. Estate taxes are paid to the federal or state government, while inheritance taxes are paid only to state governments where applicable.
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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 ($6.94 million in 2024), the assets are fully exempt from tax and no New York estate taxes will be due.
While New York doesnt charge an inheritance tax, it does include an estate tax in its laws. The state has set a $7.16 million estate tax exemption for 2025 (up from $6.94 million in 2024), meaning if the decedents estate exceeds that amount, the estate is required to file a New York estate tax return.

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