2024 Estate Tax Exemption
The 2024 Estate Tax Exemption is $13,610,000.
Effective 2024-01-01Source: Rev. Proc. 2023-34 (IRS)Verified 2026-08-29
Compared with 2023
| Item | 2023 | 2024 | Change |
|---|---|---|---|
| Basic exclusion amount | $12,920,000 | $13,610,000 | +$690,000 (+5.3%) |
Who it applies to
Executors of estates of decedents dying in calendar year 2024 and taxpayers planning for federal estate tax liability.
What changed this year, and why
For calendar year 2024, the basic exclusion amount used to determine the unified credit against estate tax under Internal Revenue Code § 2010 is $13,610,000.
Common questions
- Why is the estate tax exemption so high compared to earlier years?
- The basic exclusion amount is indexed for inflation each year. It was lower in prior years and is scheduled to increase again in future years unless Congress acts to change it.
- Does the exclusion apply to both spouses?
- Yes. The exclusion applies per person, so a married couple can effectively shield roughly twice the individual amount if proper planning is in place.
Every amount on this page is a published figure rather than yours. The Estate tax exemption headroom takes the number you enter and works it out against them, showing which published figure it used.
Which estates have to file at all
For a decedent who died in 2024, the executor of the estate of every U.S. citizen or resident must file Form 706 if either of two conditions is met. First, the estate must file if the gross estate, plus adjusted taxable gifts and the specific exemption, exceeds $13,610,000. Second, the estate must file even if the gross estate is smaller than that amount when the executor elects to transfer the deceased spousal unused exclusion (DSUE) amount to the surviving spouse. To determine whether the filing threshold is met, the executor adds the decedent's gross estate valued as of the date of death, the adjusted taxable gifts made during life, and any applicable specific exemption. If the total is more than $13,610,000, the estate is required to file. Estates below that threshold that are not making a portability election generally do not have to file.
For decedents who died in 2024, Form 706 must be filed by the executor of the estate of every U.S. citizen or resident: a. Whose gross estate, plus adjusted taxable gifts and specific exemption, is more than $13,610,000; or b. Whose executor elects to transfer the deceased spousal unused exclusion (DSUE) amount to the surviving spouse, regardless of the size of the decedent's gross estate.
Instructions for Form 706 (Rev. October 2024), United States Estate (and Generation-Skipping Transfer) Tax Return (IRS)
What counts toward the exemption
The gross estate is the starting point for determining whether an estate must file and how much may be sheltered by the exemption. It is not limited to assets held solely in the decedent's name or located in the United States. Instead, the gross estate includes all property in which the decedent had an interest, including property outside the United States. Beyond that broad baseline, specific categories are also pulled into the gross estate. These include certain transfers the decedent made during life without adequate consideration, annuities, the includible portion of joint estates with right of survivorship and tenancies by the entirety, certain life insurance proceeds even when payable to beneficiaries other than the estate, digital assets, property over which the decedent possessed a general power of appointment, dower or curtesy (or statutory estate) of the surviving spouse, and community property to the extent of the decedent's interest under applicable law. Together, these items make up the gross estate that is compared against the $13,610,000 basic exclusion amount to decide whether a 2024 estate owes tax.
The gross estate includes all property in which the decedent had an interest (including property outside the United States).
Instructions for Form 706 (Rev. October 2024), United States Estate (and Generation-Skipping Transfer) Tax Return (IRS)
The nine-month deadline and the extension
After a decedent's death, the executor has a fixed window to submit the estate tax return. Form 706, used to report estate and generation-skipping transfer tax, must be filed within 9 months after the date of the decedent's death. If the executor is unable to meet that deadline, an automatic 6-month extension of time to file is available by submitting Form 4768, Application for Extension of Time To File a Return and/or Pay U.S. Estate (and Generation-Skipping Transfer) Taxes. This extension is granted automatically, so the executor does not need to show cause to receive it. The extension only adds time to file the return; it does not extend the time to pay any tax due, and interest will accrue on any unpaid balance from the original due date. For estates that are filing solely to elect portability of the deceased spousal unused exclusion, the timely filing rule is especially strict, and a late election may require special relief procedures.
You must file Form 706 to report estate and/or GST tax within 9 months after the date of the decedent's death. If you are unable to file Form 706 by the due date, you may receive an extension of time to file. Use Form 4768, Application for Extension of Time To File a Return and/or Pay U.S. Estate (and Generation-Skipping Transfer) Taxes, to apply for an automatic 6-month extension of time to file.
Instructions for Form 706 (Rev. October 2024), United States Estate (and Generation-Skipping Transfer) Tax Return (IRS)
Carrying an unused exemption to a surviving spouse
Portability allows a surviving spouse to use the unused portion of a deceased spouse's estate tax exemption. To make this election, the executor must file a complete Form 706 on or before the due date, which is 9 months after the decedent's date of death, or within the 6-month extension period if an extension has been granted. If the return is filed late and the estate did not otherwise have a filing requirement, the executor may still be eligible for an extension under Rev. Proc. 2022-32. Under that procedure, executors filing solely to elect portability may file Form 706 on or before the fifth anniversary of the decedent's death, provided the return states at the top that it is filed pursuant to that revenue procedure. Estates that miss even that extended window may seek relief under Regulations section 301.9100-3. When the election is made, the deceased spousal unused exclusion (DSUE) amount is transferred to the surviving spouse, effectively preserving up to the unused portion of the $13,610,000 basic exclusion amount for the surviving spouse's own estate.
Portability election. An executor can only elect to transfer the DSUE amount to the surviving spouse if the Form 706 is filed timely, that is, within 9 months of the decedent's date of death or, if you have received an extension of time to file, before the 6-month extension period ends.
Instructions for Form 706 (Rev. October 2024), United States Estate (and Generation-Skipping Transfer) Tax Return (IRS)
How each figure was verified
Each number below was read from a stored copy of the document named beside it, and checked to occur word for word in the quoted sentence. The digest is of that stored text.
Rev. Proc. 2023-34 (IRS)
- Basic exclusion amount
.41 Unified Credit Against Estate Tax. For an estate of any decedent dying in calendar year 2024, the basic exclusion amount is $13,610,000 for determining the amount of the unified credit against estate tax under § 2010.