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What are the tax implications during probate for beneficiaries?

On Behalf of | Dec 12, 2024 | Probate | 0 comments

Probate can be a complex process, especially when it comes to understanding tax obligations for beneficiaries. 

Specific laws and tax rules affect the distribution and taxation of assets during probate.

Estate taxes and Florida law

Florida does not impose a state estate tax, which simplifies the process for many beneficiaries. However, federal estate taxes may apply if the estate’s value exceeds the federal exemption limit. For 2024, this exemption is $12.92 million. Estates under this threshold are not subject to federal estate taxes.

Income taxes on inherited assets

Most inherited assets are not subject to income tax. For example, if you inherit cash, real estate, or stocks, you typically do not owe taxes on their value. However, certain types of income generated by inherited assets, like dividends or rental income, may be taxable.

Capital gains and step-up in basis

Beneficiaries should be aware of capital gains taxes if they sell inherited property. Florida follows federal rules, which include a step-up in basis. This means the property’s value is adjusted to its fair market value at the time of the decedent’s death. This adjustment can significantly reduce the capital gains tax owed when the property is sold.

Retirement accounts and tax implications

Inherited retirement accounts, such as IRAs or 401(k)s, have specific tax rules. Beneficiaries must pay income taxes on distributions from these accounts. Individuals should also be aware of required minimum distributions (RMDs) based on their relationship to the decedent and the account’s terms.

Planning for financial clarity

Understanding the tax implications of probate helps beneficiaries navigate the process with confidence. By staying informed about Florida’s laws and federal tax rules, beneficiaries can manage their inheritance effectively and avoid unexpected financial challenges.

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