Estate & Trust Administration For Dummies, 2nd Edition

Appendix B

State-by-State Rules of Intestacy and Estate or Inheritance Tax

The laws of intestacy (how a decedent’s estate is distributed when no valid last will exists), as well as the wording in state statues, vary by state. We summarize a portion of these laws to give you a taste of the similarities and differences between states. However, because these laws can be quite complex, consult with a competent attorney who’s an expert in estate law before you make any intestate distributions. Keep in mind that although these are the laws in effect as this book is published, they’re subject to change. To look farther down the line of descent and distribution than what we provide here, refer to your individual state statute regarding intestacy.

In addition to the federal estate tax, some states impose their own version of an estate tax (where the estate is taxed on the transfer of property), others have an inheritance tax (where the beneficiary is taxed on the transfer of property), some have both, and many have neither. The following list tells you what’s in place as this book goes to print, but like the laws of intestacy, bear in mind that everything can change at a moment’s notice.

In states that recognize same-sex marriages, be aware that, under current law, the state probate and estate tax rules aren’t the same as the federal estate tax rules. It is possible that, in these families, there may be a federal estate tax due where, for state purposes, there is a surviving spouse and ...