What Is the Florida Inheritance Tax Law?


Quick Answer

As of 2015, Florida does not have an inheritance tax law, explains About.com's Julie Garber. As of Jan 1, 2005, Florida has no estate tax, explains the State of Florida Department of Revenue. Estate's of decedents who passed away before Jan 1, 2005, are subject to estate tax.

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Full Answer

Prior to January 1, 2005, the Florida estate tax was generally referred to as the pick-up tax, because Florida picked up most of the credit for state death tax that was allowed on the federal estate tax return, explains the State of Florida Department of Revenue. This meant that if the estate's gross value was below the minimum threshold set by the federal government, there was no estate tax due in Florida.

When the federal law went into effect on Jan. 1, 2005, the estate tax in Florida was eliminated. The personal representative of an estate may still need to complete certain forms or an affidavit to remove the automatic estate lien from the state of Florida. This is important if property is to be transferred, as the estate needs to ensure the title is clean and that no lien is attached. If someone passed away prior to Dec. 31, 2004, the personal representative of the estate must file a Florida Estate Tax Return.

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