What Are Death Taxes?

What Are Death Taxes? Understanding Estate and Inheritance Taxes in Washington State

Planning for what happens after you’re gone is one of the most important steps you can take to protect your loved ones and your legacy. At NW Legacy Law, we understand that conversations about end-of-life planning can be difficult, but they’re essential for ensuring your wishes are carried out and your family is protected.

One topic that often causes confusion for Washington families is “death taxes.” This term can sound ominous, but understanding what these taxes are—and how they might affect your estate—is crucial for effective planning. Let’s explore what death taxes really mean for Washington residents and how proper estate planning can help minimize their impact.

What Are Death Taxes?

“Death taxes” is an informal term that typically refers to two distinct types of taxes that may be levied upon your assets after you pass away: estate taxes and inheritance taxes. These taxes are assessed on the transfer of assets from a deceased person to their heirs or beneficiaries.

Understanding how these taxes work is the first step in protecting what you’ve built throughout your lifetime. Let’s examine each type in detail to clarify their potential impact on your estate.

Estate Taxes

Estate taxes are levied on the total value of a person’s assets at the time of their death, before any distribution to heirs. Think of it as a tax on your right to transfer property after you die. There’s an important distinction to make here: estate taxes can be imposed at both the federal and state levels, with different thresholds and rates.

Federal Estate Tax

The federal estate tax applies to estates that exceed a certain value threshold. As of 2025, the federal estate tax exemption is $13.61 million per individual. This means that if the total value of your estate is less than this amount, no federal estate tax will be due. For many Washington families, this high threshold means federal estate taxes won’t be a concern.

However, for those whose estates exceed this threshold, the tax rates can be substantial, ranging from 18% to 40%. The tax is calculated on the amount that exceeds the exemption threshold.

Washington State Estate Tax

Washington state maintains its own estate tax separate from the federal system. This is a critical point for Washington residents to understand, as many states have no estate tax at all.

As of 2025, Washington’s estate tax exemption is significantly lower than the federal exemption, at approximately $2.193 million. This means that estates valued over this amount may owe Washington state estate tax, even if they fall well below the federal threshold.

The tax rates for Washington’s estate tax range from 10% to 20%, depending on the size of the estate. For many families in Washington, this lower threshold makes state estate tax planning a much more pressing concern than federal estate tax considerations.

Inheritance Taxes

Inheritance taxes differ from estate taxes in a fundamental way: while estate taxes are paid by the estate before assets are distributed, inheritance taxes are paid by the individual heirs who receive assets.

The good news for Washington residents is that our state does not impose an inheritance tax. However, if you inherit property from someone who lived in a state with inheritance taxes, or if you have heirs living in states with inheritance taxes, these might still affect your planning.

Six states currently have inheritance taxes: Iowa, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania. If you’ve retired to Washington after living in one of these states, or if you have family members who live there, understanding the potential impact of inheritance taxes becomes important.

How Death Taxes Affect Washington Residents

For many middle-class families in Washington, the state’s estate tax threshold of $2.193 million may seem safely distant. However, when you add up the value of your home (considering our region’s property values), retirement accounts, life insurance policies, and other assets, you might be surprised how quickly you approach that threshold.

A family home in a desirable neighborhood, combined with retirement savings and investments built over a career, can easily push an estate over Washington’s exemption threshold.

Real-World Impact

To understand the potential impact, consider a hypothetical Washington family: the Johnsons have lived in their home for 30 years. They purchased it for $150,000, but today it’s worth $750,000. Add in retirement accounts worth $1 million, a vacation property worth $300,000, life insurance with a death benefit of $500,000, and various other investments and personal property, and their estate is worth approximately $2.7 million.

Without proper planning, the Johnson family estate would exceed Washington’s exemption by $507,000, resulting in approximately $50,700 in Washington estate taxes (at the 10% rate). That’s money that would otherwise go to their children and grandchildren.

Estate Planning Strategies to Minimize Death Taxes

Thoughtful estate planning can help preserve your financial legacy. An estate planning lawyer can help you implement strategies to minimize the impact of death taxes.

Lifetime Gifting

One effective strategy is to reduce your estate by making gifts during your lifetime. The federal gift tax shares the same exemption as the estate tax, allowing you to give away up to $13.61 million (as of 2025) over your lifetime without incurring gift tax. Additionally, you can give up to $18,000 (2025 figure) per recipient per year without using any of your lifetime exemption.

This could mean helping your children with a down payment on a home or contributing to your grandchildren’s education at a Washington university.

Trusts

Various types of trusts can be powerful tools for tax planning. For example, a properly structured irrevocable life insurance trust (ILIT) can keep life insurance proceeds outside of your taxable estate.

Similarly, a credit shelter trust (also called a bypass or AB trust) allows married couples to maximize both spouses’ exemptions. This type of planning is particularly relevant for couples who’ve built their lives together, perhaps running a small business or investing in real estate.

Charitable Giving

Donations to qualified charities can reduce the size of your taxable estate while supporting causes that matter to you. Washington is home to many worthy charitable organizations that can benefit from your generosity while providing estate tax advantages.

Family Limited Partnerships

For families with business interests or significant investment assets, a family limited partnership can be an effective way to transfer wealth while potentially qualifying for valuation discounts for estate tax purposes.

The Importance of Professional Guidance

Estate tax laws are complex and constantly changing. You shouldn’t attempt to navigate estate tax planning without professional guidance.

An estate planning lawyer who understands both federal laws and Washington’s specific requirements can help ensure that your plan is both tax-efficient and legally sound. They can also help you balance tax considerations with other important goals, such as providing for your spouse, protecting assets for future generations, or supporting causes that matter to you.

Recent Changes and Future Considerations

Tax laws change over time, making regular review of your estate plan essential.

The federal estate tax exemption was significantly increased by the Tax Cuts and Jobs Act of 2017, but this increase is scheduled to sunset after 2025. Without congressional action, the exemption will revert to previous levels (adjusted for inflation), potentially bringing more Washington families within the scope of federal estate taxes.

Washington’s estate tax laws may also change in response to federal changes or state budget considerations. This underscores the importance of regular review and updating of your estate plan.

Washington-Specific Considerations

Washington’s estate tax system has some unique features that residents should be aware of:

1. Community Property State: Washington is a community property state, which means that assets acquired during marriage are generally considered to be owned equally by both spouses. This has implications for estate planning and potential tax liability.
2. Agricultural Property Deduction: Washington offers specific deductions for qualified farm and agricultural property, which can be valuable for family farms.
3. No State Gift Tax: Unlike some states, Washington does not have a state gift tax. This creates potential planning opportunities using lifetime gifting strategies.
4. Portability: While the federal estate tax exemption is portable between spouses (meaning a surviving spouse can use any unused portion of the deceased spouse’s exemption), Washington’s state exemption is not portable. This makes proper planning even more important for married couples.
5. QTIP Election: Washington allows a Qualified Terminable Interest Property (QTIP) election for state estate tax purposes, which can differ from the federal election.

Beyond Taxes: Comprehensive Estate Planning

While minimizing death taxes is important, comprehensive estate planning goes far beyond tax considerations. A well-crafted estate plan can help:

• Ensure your assets are distributed according to your wishes
• Provide for minor children or family members with special needs
• Protect assets from creditors or legal judgments
• Plan for potential incapacity
• Minimize family conflicts
• Create a lasting legacy

Conclusion

Planning for the future, including understanding and addressing potential death taxes, is an important way to look out for those you care about.

The term “death taxes” may sound intimidating, but with proper planning and professional guidance, their impact on your estate can be significantly reduced. At NW Legacy Law, we’re committed to helping Washington families navigate these complex issues and create estate plans that protect what matters most.

Whether your estate is large enough to trigger federal estate taxes, falls within the range affected by Washington’s estate tax, or is currently below all applicable thresholds, thoughtful planning can help ensure that your legacy passes according to your wishes, with minimal tax impact.

Take comfort in knowing that with proper planning, you can protect the legacy you’re building for future generations.

Secure Your Family’s Future Today

Ready to protect your loved ones from Washington’s estate tax burden? At NW Legacy Law, we’re here to help you create a personalized estate plan that preserves your legacy and minimizes tax impact. Contact us today to schedule a confidential consultation and take the first step toward peace of mind.