If someone you love has died and left you money, a house or a retirement account, one of the first questions is usually whether you owe the state a cut. The good news: there is no Texas inheritance tax. Texas repealed it years ago, and in 2025 voters wrote a ban on inheritance and estate taxes into the Texas Constitution. That does not mean every inheritance is completely tax-free, though. Federal estate tax, another state’s inheritance tax, and income tax on retirement accounts can still come into play. Here is what Texas heirs actually need to know.
Texas Inheritance Tax: Quick Answer

Texas once had an inheritance tax on the books, but it was tied to a federal credit for state death taxes. When Congress phased that credit out in 2005, the Texas tax stopped collecting anything. In 2015 the Legislature formally repealed it (Senate Bill 752, which removed Chapter 211 of the Texas Tax Code).
Then, on November 4, 2025, Texas voters approved Proposition 8 by a wide margin. It added Section 26 to Article VIII of the Texas Constitution, which prohibits the Legislature from imposing a tax on a decedent’s property or on the transfer of an estate, inheritance, legacy, succession or gift. A future Legislature cannot bring back a Texas inheritance tax with an ordinary bill. It would take another constitutional amendment.
Texas also has no state estate tax. So when a Texas resident dies, the state takes nothing because of the death itself.
People use the two terms interchangeably, but they work differently:
The federal government has an estate tax but no inheritance tax. Texas has neither.
Under the One Big Beautiful Bill Act, signed in July 2025, the federal estate tax exemption is $15 million per person for deaths in 2026, and it will be adjusted for inflation going forward. A married couple can shelter $30 million when the surviving spouse keeps the first spouse’s unused exemption through a “portability” election. Amounts above the exemption are taxed at up to 40%.
Most Texas families will never owe federal estate tax. Even so, the surviving spouse should usually file an estate tax return (Form 706) after the first death to lock in portability. We explain why in Portability in Texas: Why a Surviving Spouse Should File Form 706. For larger estates, our estate tax planning page covers the trusts and gifting strategies that reduce or eliminate the tax.
Five states still have an inheritance tax in 2026: Kentucky, Maryland, Nebraska, New Jersey and Pennsylvania. Iowa repealed its tax for deaths on or after January 1, 2025.
What matters is where the person who died lived, and where any real estate is located, not where the heir lives. If your mother lived in Pennsylvania and left you her savings, Pennsylvania inheritance tax can apply even though you live in Austin. And if a Texas resident owns a rental house or vacation home in one of those states, that state may tax the property when the owner dies.
Each state treats family members differently. Children are fully exempt in some of these states (such as New Jersey, Maryland and Kentucky) but pay a reduced rate in others (such as Pennsylvania and Nebraska). More distant relatives and friends usually pay the highest rates. If you are inheriting from someone in one of these states, talk to an attorney or CPA there about the filing deadline, because some states offer a discount for paying early and charge interest for paying late.
Generally, no. Under federal law, the money or property you inherit is not income to you. But a few assets come with income tax attached:
When you inherit a house, land or stock, its tax basis generally “steps up” to its value on the date of death. If your parents bought their home for $90,000 and it was worth $500,000 when they died, your basis is $500,000. Sell it soon after for that amount and you owe little or no capital gains tax.
Texas couples get an extra advantage. Because Texas is a community property state, both halves of community property can get a new basis when the first spouse dies, not just the deceased spouse’s half. See Texas Community Property and the Double Step-Up in Basis.
This is also why giving your house to your children while you are alive is often a mistake. A lifetime gift carries over your original basis, and the step-up is lost. We cover better options in Don’t Deed Your House to Your Kids in Texas.
Even with no Texas inheritance tax, the executor or trustee still has tax work to do before distributing the estate:
Our free Texas probate checklist walks through these steps and the rest of the work after a death.
Because Proposition 8 also covers gifts, Texas cannot tax gifts either. The federal gift tax still applies, but in practice very few people pay it. You can give up to $19,000 per person per year in 2026 without filing a gift tax return, and larger gifts simply use up part of your $15 million lifetime exemption. See Lifetime Gifting in Texas: 2026 Gift Tax Limits and Smart Strategies.
Since most Texas families will never owe a death tax, the bigger costs are usually probate delays, court costs and income taxes that could have been avoided. A good plan addresses all three:
No. Texas repealed its inheritance tax in 2015, and since Proposition 8 passed in November 2025, the Texas Constitution prohibits the Legislature from creating a new one.
No. Only the federal estate tax can apply, and only to estates worth more than $15 million per person in 2026.
Usually not. Inherited money and property are not taxable income. You do report withdrawals from an inherited traditional IRA or 401(k), income the property earns after the date of death, and any gain if you sell inherited property for more than its value at death.
It depends on the state. New Jersey taxes property passing to more distant relatives and friends, but children, spouses, parents and grandchildren are exempt. The rules turn on where your father lived, not where you live, so check that state’s rules for your relationship.
The estate. The executor pays it from estate assets before distributing what is left to the heirs.
Only on the increase in value after the date of death. If you sell soon after inheriting, there is often little or no gain to tax.
Inherited property or planning to leave it to your family? Call (512) 737-8404 or book a free consultation, and we will walk through what taxes, if any, apply and how to keep more of your estate in your family.
Reviewed by Turner Henington, attorney, Texas Bar No. 24148206 · Updated November 2026
If someone you love has died and left you money, a house or a retirement account, one of the first questions is usually whether you owe the state a cut. The good news: there is no Texas inheritance tax. Texas repealed it years ago, and…
One of the most common questions we hear at seminars is whether putting your house in a living trust will cost you your homestead exemption. In Texas, the short answer is no. A home held in a properly drafted revocable living trust keeps its homestead…
Signing a living trust is only half the job. To fund a living trust means moving your property into it: retitling your house, your bank and investment accounts and your other assets so the trust actually owns them. A trust that is never funded is…
If you are thinking about a living trust, one of the first questions is what it will cost. The honest answer is that living trust cost in Texas depends less on the trust itself and more on your family, your property and how much planning…
Lifetime gifting means giving money or property to your children and grandchildren while you are alive. It can be one of the simplest ways to help them. For larger estates, it can also reduce a future estate tax. However, it comes with rules: an annual…
A common idea for avoiding probate is to sign the house over to the kids while you are still alive. It seems simple: if they already own it, there is nothing to probate. In Texas, it is usually one of the most expensive mistakes a…
Take the first step toward protecting your legacy and giving your family lasting peace of mind. Whether you need a personalized estate plan or help handling a civil dispute, we're here to help.