Estate Tax Exemption Limits: What To Know

By David Hood
Partnership Chair

Understanding how estate tax exemption limits work is key to effective estate planning. The federal exemption amount determines whether your estate will owe taxes when you pass away. For 2025, the federal estate tax exemption is $13.99 million per person. In 2026, that amount rises to $15 million per person, adjusted annually for inflation. Married couples can combine exemptions for a total of $27.98 million in 2025 or $30 million in 2026, provided proper filings are made. Knowing these limits helps you assess your potential exposure and plan accordingly.

What Is the Federal Estate Tax Exemption?

The federal estate tax applies to the value of a person’s estate at death, after accounting for debts, deductions, and credits. Only estates exceeding the federal exemption amount are subject to the tax. Any portion above the exemption is taxed at rates up to 40 percent.

The exemption is generous enough that most estates in North Carolina are not affected. However, as asset values rise and laws evolve, more families could find themselves closer to the taxable threshold, particularly those with business holdings, investment portfolios, or multiple properties.

Examples of How the Exemption Works

Let’s look at a few simplified examples:

  • Example 1: An individual with a $10 million estate in 2025 is below the $13.99 million limit, so no federal estate tax would apply.
  • Example 2: A single taxpayer with a $16 million estate in 2025 would have about $2.01 million subject to federal estate tax.
  • Example 3: A married couple with a combined $28 million estate in 2026 could avoid estate tax altogether if they properly elect “portability” to use both spouses’ exemptions.

These examples illustrate how strategic planning, especially for married couples, can help minimize or eliminate estate tax liability.

Does North Carolina Impose a Separate Estate Tax?

No. North Carolina does not have a state-level estate or inheritance tax. This means your estate would only face federal taxation, assuming it exceeds the federal limit. However, if you own property in other states, those states may have their own estate or inheritance taxes, so your overall plan should account for all jurisdictions where you hold assets.

Planning Strategies to Manage Estate Tax Exposure

Even if your estate is currently under the exemption amount, changes in federal law or appreciation of your assets could increase your exposure. The following strategies can help manage or reduce potential estate taxes:

  • Annual Gifts: You can give up to $19,000 per recipient in 2025 (and the same in 2026) without affecting your lifetime exemption. These annual gifts gradually reduce the size of your taxable estate.
  • Charitable and Marital Deductions: Gifts or bequests to a spouse or qualified charity are generally exempt from estate tax.
  • Irrevocable Trusts: Vehicles such as Grantor Retained Annuity Trusts (GRATs) or Charitable Remainder Trusts (CRTs) can transfer future asset growth outside your taxable estate.
  • Portability Election: When a spouse dies, the surviving spouse can file a timely estate tax return to preserve any unused portion of the deceased spouse’s exemption.
  • Asset Review and Titling: Coordinating ownership and beneficiary designations across accounts and properties can ensure your estate plan aligns with tax-efficient strategies.

Each of these options should be considered carefully with professional guidance, as they involve specific filing requirements and long-term implications.

Why Early Planning Is So Important

Estate tax laws are subject to change, and exemptions that seem generous today may not last. The increase to $15 million in 2026 provides temporary relief, but the law could shift again in future years. Acting while exemptions are high allows you to make strategic lifetime transfers and lock in today’s favorable thresholds.

Even if your estate is not taxable now, regular reviews help ensure your plan remains efficient. Life changes such as marriage, inheritance, or the sale of a business can quickly alter your financial picture.

Plan Ahead to Protect What You’ve Built

The federal exemption offers a valuable opportunity to transfer wealth efficiently, but timing and execution matter. Whether your estate is modest or substantial, proactive planning ensures your assets are distributed according to your wishes and in the most tax-efficient way possible.

Contact Patrick, Harper & Dixon, LLP to schedule a consultation with our estate planning attorneys. We will help you evaluate your estate, model potential tax outcomes, and create a plan that protects your family and future.

About the Author
David W. Hood, Partnership Chair of the Firm, is a trial attorney in a wide-ranging civil practice with over 200 jury trials to his credit. His concentrations include Business Disputes, Construction Law, Personal Injury and Collections. He is also a certified mediator, helping to settle cases pending in both state and federal court. He recently finished his term as President of the North Carolina Association of Defense Attorneys, the organization for lawyers representing business interests in civil litigation.