Estate taxes are paid on property that is transferred upon the owner’s death. An attorney who understands how to prepare for the estate tax in Atlanta estate planning can explain the best way to safeguard your interests and protects your loved ones in the future. Our inheritance tax lawyer can evaluate your needs and financial situation to develop a strategy that leaves a lasting legacy.
Federal vs. State Estate Tax
Georgia is one of 38 states that does not have an estate tax. Often referred to as “death taxes,” estate taxes are levied on the assets of a person after they die and before their estate is distributed to their chosen beneficiaries, but only if the decedent’s estate value exceeds a certain exemption threshold. The vast majority of estates in Georgia – and America – will be too small to worry about this tax.
Georgia also does not charge inheritance taxes, which is a tax imposed on the beneficiary rather than the estate. However, there are other tax factors to consider during estate planning that could impact the assets distributed to your loved ones when you pass away.
If you own assets and property in other states outside of Georgia, this property could be subject to additional estate taxes based on the laws of that specific jurisdiction. The same is true if you own property or hold assets in other countries, in which case any taxes owed by your estate when you die would depend on the laws of that specific country.
While Georgia does not charge estate tax, the property of individuals with considerable wealth may still be subject to federal estate taxes upon their death. If any federal estate tax is due, it would be paid by the representative of the decedent’s estate before assets are distributed. Our Atlanta-based lawyer could help you determine if you will be affected by the federal estate tax during your estate planning strategy session.
Important Estate Tax Thresholds and Considerations
If your estate’s value meets or exceeds certain exemption limits, your estate may end up paying considerable taxes to the federal government when you die. The federal exemption for estates of decedents in 2025 is $13.99 million, a slight increase from the threshold of $13.61 million in 2024. This threshold is likely to keep fluctuating, so it is important to have a lawyer who will keep you updated on law changes.
If a decedent’s estate meets or surpasses these exemption limits, the estate could be subject to a roughly 40% federal estate tax rate before assets can be distributed. The federal tax exemption threshold is due for a reduction in January 2026 unless Congress determines to extend the current law.
If the reduction occurs in January 2026, the federal estate tax exemption will reset to $5 million per individual. Although many estates would still be exempt even at this level, estate taxes could have a notable impact on wealthier Atlanta families and they should prepare for the possibility of this tax. An experienced estate planning attorney understands the most effective estate planning techniques and can deploy various strategies to reduce your estate’s tax liability down the road.
Contact an Atlanta Attorney to Prepare for the Estate Tax in Your Estate Plans
Siedentopf Law can help you create a comprehensive estate plan that supports your short- and long-term goals, including preparing for a federal estate tax. A lawyer can ensure that your plans are compliant with both state and federal law, while explaining all viable options on the table to address future tax liabilities.
When you work with us, your estate plan will be tailored to your unique needs. To get started, contact us today and schedule your one-on-one remote strategy session.