Paid by the estate before assets are distributed to heirs.
Inheritance Tax
Not Applicable
Paid by the heirs on what they personally receive.
How it works in New York
Levies an estate tax with an exemption of $7.35 million and rates from 3.06% to 16%. Features a 'cliff' where the entire estate is taxed if it exceeds 105% of the exemption.
Who pays New York's death tax?
The New York estate tax is owed by the estate itself, typically paid by the executor or personal representative before assets are distributed. The tax applies only to the portion of the gross estate exceeding $7,160,000, and the top marginal rate is 16.0%.
How New York compares
Only 12 states plus D.C. impose an estate tax, and just 6 impose an inheritance tax. Maryland is the only state with both. Exemptions range from $1 million (Oregon, Rhode Island) up to the federal level (Connecticut), and top rates cluster around 16%. Compare New York against the rest in our full state-by-state directory.
Planning around New York's rules
Lifetime gifting: Annual exclusion gifts ($19,000 per recipient in 2026) reduce the taxable estate without using the federal exemption.
Irrevocable trusts: ILITs and SLATs can move assets and future appreciation outside the New York taxable estate.
Spousal planning: Transfers to a surviving spouse are generally fully deductible at the state level.
Domicile change: Establishing residency in a no-estate-tax state ahead of death can eliminate exposure entirely — but New York will scrutinize a late-in-life move closely.
Frequently asked questions
Does New York have an estate tax in 2026?+
Yes. New York imposes an estate tax on estates exceeding $7,160,000, with a top marginal rate of 16.0%. The tax is paid by the estate before assets are distributed to heirs.
Does New York have an inheritance tax?+
No. New York does not impose an inheritance tax. Heirs do not pay state tax on what they receive from a New York estate.
What is the New York estate tax exemption for 2026?+
The New York estate tax exemption for 2026 is $7,160,000. Estates valued at or below this threshold owe no state estate tax.
Who pays the tax in New York — the estate or the heirs?+
The estate pays the estate tax in New York before assets are distributed. Heirs do not owe a separate state inheritance tax.
How can New York residents reduce their estate or inheritance tax exposure?+
Common strategies include lifetime gifting under the federal annual exclusion, irrevocable trusts (ILITs, SLATs), spousal portability planning, charitable bequests, and — for those near the exemption — relocating domicile to a state without estate or inheritance taxes. Consult an estate attorney licensed in New York.
Disclaimer: This page is informational only and not legal or tax advice. Estate and inheritance tax rules change frequently — verify thresholds with a New York-licensed estate attorney or tax advisor before acting.