Is there a limit to the amount of estate taxes owed on an intestate estate?
When an estate passes through intestate succession, meaning that it passes to heirs without a will, in California there is a limit to the amount of estate taxes that are owed. This limit is set by constitutional law. In California, the amount of estate taxes owed on an intestate estate is limited to the amount of an estate tax credit. This credit is based on the total value of the decedent’s estate, including any real and personal property held in the state of California, plus any federal estate tax owed. The maximum amount of this credit is $5,840,000 for estates with a net value of $20,000,000 or more. Additionally, for estates that are smaller than that, the credit is reduced gradually. This means that the amount of estate taxes due on an intestate estate is based on the total net value of the decedent’s estate. While there is a limit in place in California, intestate succession law is complicated and varies from state to state. If someone wishes to know more information regarding their specific situation, they should contact an estate attorney who is knowledgeable about the intestate succession laws in the particular state.
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