Estate tax is one of the most misunderstood topics in Florida estate planning. The good news for Miami families is significant: Florida itself imposes no estate or inheritance tax. But that does not mean every estate is in the clear. Use this checklist to understand where you actually stand.
Checklist Item 1: Confirm Florida Has No State Estate Tax
Florida does not levy a state estate tax or inheritance tax. The old Florida “estate tax” was tied to a federal credit that was phased out, and the state has not reinstated a separate tax since. For Miami residents, this is a genuine planning advantage compared with many northern states retirees relocate from.
Checklist Item 2: Watch the Federal Estate Tax Threshold
The federal estate tax still exists and applies only to estates that exceed the federal exemption amount. Most estates fall well under it and owe nothing. But high-value estates — think substantial Miami real estate holdings, business interests, and investment portfolios combined — can cross the line. Because the exemption amount changes over time and is scheduled to shift under current law, confirm the current figure rather than relying on an old number.
Checklist Item 3: Add Up Everything You Own
The federal calculation counts your gross estate: real estate, retirement accounts, life insurance you control, business interests, and personal property. Waterfront property values in Miami-Dade can rise quickly, so an estate that seemed modest a decade ago may be larger than you think. Tally it honestly before assuming you are exempt.
Checklist Item 4: Use the Marital Deduction and Portability
Married couples can generally pass assets to a surviving U.S.-citizen spouse free of federal estate tax through the unlimited marital deduction. “Portability” can also let a surviving spouse use the deceased spouse’s unused federal exemption — but it requires filing a timely federal estate tax return, even when no tax is due. Missing that filing can forfeit a valuable benefit.
Checklist Item 5: Mind Non-Citizen and Non-Resident Issues
Miami’s international community makes this especially relevant. The unlimited marital deduction generally does not apply to a non-citizen surviving spouse without special planning, and non-resident owners of U.S. property face different rules. If your family has international ties, get tailored advice.
Checklist Item 6: Don’t Confuse Estate Tax With Probate
Many families assume avoiding probate avoids “death taxes.” These are separate issues. Probate is the court process under Florida’s Probate Code (Chs. 731–735) for transferring assets — handled through formal or summary administration depending on the estate. Tools like a revocable trust under Chapter 736 can streamline probate but do not, by themselves, reduce federal estate tax.
Checklist Item 7: Protect the Homestead
Your Miami homestead carries strong constitutional protections (Art. X, §4) and special property-tax treatment, but those protections are about creditors and probate descent, not estate tax. Keep the categories straight when planning.
The Bottom Line
Most Miami families will owe no estate tax at all, thanks in part to Florida’s lack of a state-level tax. The families who do need planning are those with large or complex estates, international ties, or a surviving spouse who must claim portability.
This is general information, not tax or legal advice, and figures change. Consult a licensed Florida estate planning attorney and a tax professional for guidance on your estate.
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