The "deceased estate 3-year rule," under U.S. Internal Revenue Code §2035, brings certain assets given away by a person within three years of their death back into their taxable estate, primarily to prevent using gifts to avoid estate taxes, especially for "bad gifts" like life insurance policies or property where the decedent retained "strings" (control/benefit), even if an outright gift usually escapes inclusion. It ensures assets transferred with retained interests or control, or life insurance policies, are treated as if still part of the estate for tax calculation, though gift tax paid on such transfers is also added back.
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. It's a progressive tax, just like the federal income tax system. This means that the larger the estate, the higher the tax rate it is subject to.
As mentioned, if the inherited property was the deceased's principal residence, selling it within two years of their death can result in a full CGT exemption. This is one of the simplest and most effective ways to avoid paying CGT.
Each state has its own set of laws governing the probate process. For example, probate in California requires a filing within 30 days of discovering the will, while in Texas, executors have up to four years to file. California: Probate should be filed within 30 days of the person's death.
Gift taxes paid
Section 2035(b) requires the decedent's estate to take money already paid to the IRS in gift tax on any gift made within three years of death and add that money back into the gross estate as part of the tax base on which estate tax will be calculated.
Gifts of up to £250 per person each year are not subject to IHT. So, say you have 12 grandchildren, you could gift each of them £250 a year as a birthday present. These gifts do not count towards the £3,000 annual gift exemption (described above) – though you can't combine gifts on the same person.
Most estates are finalised within 9 to 12 months, and it may take longer if: there are complex issues. the Will is contested.
Most debt is paid by the estate and assets of the deceased
It could be credit card debt, medical bills, and/or a mortgage on a home, among other things. When someone dies, all of their belongings enter their estate and go into the probate process.
The 7 year rule
No tax is due on any gifts you give if you live for 7 years after giving them - unless the gift is part of a trust. This is known as the 7 year rule.
Typically, when you inherit an asset, capital gains tax will not apply. However, when you sell an asset that you have inherited, CGT may become relevant to any money you make from the sale of the asset.
Yes, you can likely give your daughter $50,000 tax-free by using your annual gift exclusion and lifetime exemption, but you'll need to file Form 709 with the IRS to report the gift exceeding the annual limit ($19,000 in 2024/2025). The $50,000 gift reduces your large lifetime exemption (over $13 million in 2024/2025), meaning you won't pay tax on it unless your total lifetime gifts exceed that huge amount; your daughter never pays gift tax on the money.
You can typically inherit a very large amount from your parents without paying federal tax, as the federal estate tax exemption is around $15 million per person for 2026, meaning only estates larger than that pay tax, not you directly. While you generally don't pay income tax on inheritances (except for pre-tax retirement funds like IRAs/401(k)s, which are taxed as income when withdrawn), some states have their own estate or inheritance taxes with much lower thresholds, affecting a smaller portion of wealth.
The IRS doesn't need a copy of the death certificate or other proof of death.
The very first things an executor should do after a death are secure the residence, locate the original will, obtain multiple certified copies of the death certificate, and then start the probate process by filing the will and certificate with the probate court, while also safeguarding assets and documenting everything meticulously. It's crucial to act quickly to prevent fraud and ensure assets go to the right people, often with the help of a probate attorney.
2. Changes to Gifting & Inheritance Rules. Annual Gift Tax Exemption Increase: You can now gift up to $19,000 per person per year without triggering taxes. A married couple can give $38,000 to each child or grandchild tax-free.
For smaller gifts, an individual taxpayer can benefit from the annual gift tax exclusion, which allows you to gift up to $19,000 per recipient in 2026 ($38,000 for married couples filing jointly) without having to pay taxes. There is no limit to the number of individuals you can gift this amount to in a year.