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Home » Estate Planning » What tax issues does a family need to resolve during probate?

Probate can be a challenging process for families who are dealing with the loss of a loved one. Amidst the emotional strain, however, it is necessary to address the various tax issues that may arise after the death of a family member.

Knowing what to expect when it comes to tax situations can help you and your family approach the probate process with the right state of mind.

Estate taxes

The first tax issue to address is estate taxes. When someone passes away, their estate becomes subject to taxation. The estate tax calculation factors in the total value of the assets left behind. The estate’s executor will determine whether the estate surpasses the applicable exemption limit, as this will impact the amount owed.

Income taxes

While the deceased individual may no longer be around, their income taxes continue to play a role in probate. Any income generated by the estate, such as interest or dividends, is subject to taxation.

Inheritance taxes

The deceased’s heirs may be responsible for paying inheritance taxes on the assets they receive. The tax rate and exemption thresholds vary, so families should consult with local tax experts to understand their obligations.

Property taxes

Real estate is a significant asset that may be subject to property taxes. Families should stay informed about property tax payments and address any outstanding amounts promptly to prevent legal complications.

Statistics suggest that over 3 million cases go through probate each year. Many pass through the process smoothly, but complex and unresolved tax issues can require greater time and effort.