Updated October 5, 2026. Quick answer: No. New York has no inheritance tax for a death in 2026. A Tax Department advisory opinion states “New York State does not impose an inheritance tax”. New York does levy an estate tax.
New York inheritance tax at a glance
| Item | What the documents say |
|---|---|
| State inheritance tax | None |
| What the documents say | A Tax Department advisory opinion states that New York does not impose an inheritance tax |
| State estate tax | Yes: a New York estate tax, with a basic exclusion amount the Tax Department publishes |
| Source | NYS Department of Taxation and Finance, Technical Services Bureau; NYS Department of Taxation and Finance; IRS Revenue Procedure 2025-32 |
What the New York documents say
The Tax Department’s Technical Services Bureau, in advisory opinion TSB-A-85(1), states “New York State does not impose an inheritance tax”. The opinion was written about a nonresident’s stock, so its answer on inheritance tax is a general statement, not the main holding.
The Department’s estate tax page states that the basic exclusion amount for dates of death on or after January 1, 2026, through December 31, 2026 is $7,350,000.
What an heir in New York still faces
The federal estate tax is paid by the estate, with a 2026 basic exclusion amount of “$15,000,000 for calendar year 2026”. New York does levy an estate tax, paid by the estate and not by an heir. The Department’s estate tax page states that the basic exclusion amount for dates of death on or after January 1, 2026, through December 31, 2026 is $7,350,000. CMG’s New York estate tax page covers it.
An heir’s basis under 26 U.S.C. 1014(a) is generally the value at “the date of the decedent’s death”. Inherited retirement money is an income tax question: New York 401(k) and IRA withdrawals, the inherited IRA RMD calculator and New York probate cost cover the rest.
How current the New York documents are
Read on October 5, 2026: TSB-A-85(1) Estate and Gift Taxes, Advisory Opinion Petition No. M840807B (NYS Department of Taxation and Finance, Technical Services Bureau, dated 1985); Instructions for Form ET-706, New York State Estate Tax Return (NYS Department of Taxation and Finance, undated); Estate tax, tax.ny.gov/pit/estate/etidx.htm (NYS Department of Taxation and Finance, updated December 3, 2025).
What the documents do not say
- No New York document read says “New York has no inheritance tax” in so many words. The opinion that says so is dated 1985; the Department’s current estate tax page treats only the estate tax. The Florida Legislature’s 2025 EDR Tax Handbook says “Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania levy inheritance taxes”, which does not include New York.
Common mistakes
- Taking no inheritance tax to mean no New York death tax; the estate tax is separate, and the estate, not the heir, files for it.
Related: inheritance tax by state, New York estate tax, New York probate cost, and how New York taxes 401(k) and IRA withdrawals.
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Answer againSources
- TSB-A-85(1) Estate and Gift Taxes, Advisory Opinion Petition No. M840807B: https://tax.ny.gov/pdf/advisory_opinions/estate_&_gift/a85_1e.pdf
- Instructions for Form ET-706, New York State Estate Tax Return: https://www.tax.ny.gov/pdf/current_forms/et/et706i.pdf
- Revenue Procedure 2025-32 (Internal Revenue Service): https://www.irs.gov/pub/irs-drop/rp-25-32.pdf
- 26 U.S.C. 1014 Basis of property acquired from a decedent (U.S. Code, 2023 edition, GovInfo): https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapO-partII-sec1014.htm
- Florida Tax Handbook 2025 (Florida Legislature, Office of Economic and Demographic Research): https://edr.state.fl.us/Content/revenues/reports/tax-handbook/taxhandbook.pdf
Sources: the primary documents linked above, read on October 5, 2026. General information, not tax advice. Your own facts decide the outcome, and a tax professional or the state agency itself is the right place to confirm anything consequential.