Deducting funeral expenses as part of an estate
If you are settling an estate, you may be able to claim a deduction for funeral expenses if you used the estate's funds to pay for the costs. Many estates do not actually use this deduction, since most estates are less than the amount that is taxable.
Generally, the gross estate does not include property owned solely by the decedent's spouse or other individuals. Lifetime gifts that are complete (no powers or other control over the gifts are retained) are not included in the gross estate (but taxable gifts are used in the computation of the estate tax).
The answer is: absolutely, yes! In fact, funeral expenses are often a first priority claim in an estate and will supersede any other creditor, including taxes due to the government. [Need help with probate?
The gross estate consists of the value of all property (real or personal, tangible or intangible) owned by a decedent or in which the decedent had an interest at the time of death. See I.R.C. § 2031(a). Generally, assets are included in the gross estate at their fair market value on the date of the decedent's death.
The items that are NOT included in the gross estate of a decedent are proceeds from a life insurance policy held in a revocable trust, the first $250,000 of a primary residence if owned singly or $500,000 if owned jointly with a spouse, and proceeds from a life insurance policy owned by the deceased's spouse.
The total of all of these items is your "Gross Estate." The includible property may consist of cash and securities, real estate, insurance, trusts, annuities, business interests and other assets.
Typically, the costs of a funeral are shouldered by the estate of the deceased. Funeral expenses are a priority obligation that will be paid before most other estate debts. If, however, there still aren't enough funds, the person who signed the funeral contract will be responsible for the outstanding amount.
Miscellaneous itemized deductions for an estate or trust include items such as investment management or custodial fees and property expenses such as insurance premiums, association fees, and maintenance or repair costs on assets owned by an estate or trust not treated as business assets (Schedule C or F) or for the ...
Many people worry about the estate tax affecting the inheritance they pass along to their children, but it's not a reality most people will face. In 2025, the first $13,990,000 of an estate is exempt from federal estate taxes, up from $13,610,000 in 2024. Estate taxes are based on the size of the estate.
Any property that is jointly owned with a right of survivorship does not become part of the estate and passes directly to the other owner outside of probate. Examples include real property jointly owned by a married couple, joint ownership on a bank account, or co-owners on a vehicle.
If you file a return and claim a refund for a deceased taxpayer, you must be: A surviving spouse/RDP. A surviving relative. The sole beneficiary.
§ 779.369 Funeral home establishments may qualify as exempt 13(a)(2) establishments. (a) General. A funeral home establishment may qualify as an exempt retail or service establishment under section 13(a)(2) of the Act if it meets all the requirements of that section.
Gross income includes (but is not limited to) compensation for services, gross income derived from business, gains derived from dealings in property, interest, rents, royalties, dividends, and annuities.
The Fine Print: Death Benefits Count
If you own a policy worth a million dollars and it pays out upon your death, this amount will be counted in your gross estate. And if you're over the exemption amount ($12.92mm in 2023), your estate will pay 40% on that million of death benefit dollars.
The following are generally reimbursed out of the estate: Funeral home services—including all preparation, hosting the service. Burial and/or cremation costs.
In addition to debts incurred by the decedent or the estate, the cost of administration of the estate, attorney fees and fiduciary fees incurred to administer the estate, funeral and burial expenses, including the cost of a burial lot, tombstone or grave marker, and other related burial expenses, are deductible.
While beneficiaries don't owe income tax on money they inherit, if their inheritance includes an individual retirement account (IRA), they will have to take distributions from it over a certain period and, if it is a traditional IRA rather than a Roth, pay income tax on that money.
If your loved one has no assets or property, the next of kin will typically cover funeral costs. The next of kin will also handle arrangements. However, no one is legally obligated to pay for funeral expenses unless they sign an agreement.
In most cases, the deceased person's estate is responsible for paying any debt left behind, including medical bills. If there's not enough money in the estate, family members still generally aren't responsible for covering a loved one's medical debt after death — although there are some exceptions.
If there isn't any money in the deceased's estate, the next-of-kin traditionally pays for funeral expenses. If the next-of-kin aren't able or don't want to pay, there won't be a funeral.
Another key difference: While there is no federal inheritance tax, there is a federal estate tax. The federal estate tax generally applies to assets over $13.61 million in 2024 and $13.99 million in 2025, and the federal estate tax rate ranges from 18% to 40%.
Gross estate includes essentially all substantially valuable property owned by the person at death, including real estate, cash, stocks, life insurance, jewelry, furniture, and owed debts.
Your estate consists of all property and personal belongings you own or are entitled to possess at the time of your death. This includes real estate, personal property, cash, savings and checking accounts, stocks, bonds, automobiles, jewelry, etc.