Law Offices of Frye & Vazquez, P.L.
Call Today. 305-508-5749 | 877-421-5473

Does Florida have an estate tax?

Many responsibilities come with administering an estate after a testator has died. One of those many different obligations is to prepare and file a decedent's final tax return. If you're wondering who you have to pay estate taxes to, it's not a straightforward answer. While estate taxes were done away with in Florida in 2004, you may have an obligation to pay them on the decedent's behalf in another state that they've resided in. You may have to pay federal estate taxes for a testator as well.

One of the first steps that you may want to take after being appointed as executor of a loved one's estate is to interview the testator to find out if they've previously lived in a different state. You may want to do some online research or ask a testator's closest relatives if they've died and you don't know the answer to this question. You may owe another state taxes on the estate simply because the testator once lived there. If you fail to pay that, then you could be held civilly liable for the indiscretion.

If there's one thing that you should know about federal estate taxes, it's that not everyone owes them. Testators only have to pay these taxes if their estate is valued at $11.18 million or more. An estate is assessed an increasingly higher tax rate starting at 18% and capping out at 40% depending on how much the estate is worth over the $11.18 million threshold.

It should be mentioned that Florida doesn't have a gift tax either. There is a federal one though. This tax was assessed by the federal government on any gifts of $15,000 or over in 2018.

One of the most responsibilities that you have as the executor of a Miami resident's estate is to make sure that you pay off their creditors and taxes and distribute assets to theirs. All of this sounds simple. It can be quite daunting for you to do if you've never administered an estate before though. An estate tax attorney can walk you through all of this so that you aren't held personally liable for any mistakes.

No Comments

Leave a comment
Comment Information

What Our Clients Are Saying

  • I have known and worked with Austin Frye and his team since 2008. In that time he has helped serve both my business and personal legal planning needs. From guidance on reviewing and keeping shareholder and state documentation up to date... - Robert
  • It is difficult enough to cope with the emotional challenges of closing a parent's estate, and when you are also faced with the issue of your parents having insufficient documentation, and being remote from your siblings… - Zara L.
  • Austin Frye provided legal services to my father while alive and to his estate after his death; when showing the EP docs his firm prepared to other professionals (lawyers, financial advisors, accountants)… - Mark S
  • I've been a client of Austin Frye's for over 10 years. In that time, he's handled my estate/trust planning and asset protection as well as complicated business deals. - Leslie
  • Mr. Frye recently set up a complicated special needs trust for my son and, as usual, did a great job explaining it and in putting our minds at ease about our son's future well-being. - Dr. Howard
  • Massachusetts Bar Association
  • The Florida Bar 1950
  • CFP
  • Florida Bar Elder Law Member
  • Academy Of Florida Elder Law Attorneys
  • Florida bar Business law Member
  • NAELA National Academy of Elder Law Attorneys, Inc.
Email Us For a Response

Contact Us For Personal Attention To Your Legal Matter

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Location

Get In Touch With Us
20900 W. Dixie Highway
Miami, FL 33180

Toll Free: 877-421-5473
Phone: 305-508-5749
Map & Directions