Metz . Bailey . McLoughlin

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Attorneys For Today,
Counselors For Life

Metz, Bailey & McLoughlin, LLP provides
customized estate planning, probate,
and business law services to clients
throughout Central Ohio

Attorneys For Today,
Counselors For Life

Metz . Bailey . McLoughlin

CALL FOR AN ATTORNEY

    614-423-4619

Attorneys For Today,
Counselors For Life

Attorneys For Today,
Counselors For Life

Metz, Bailey & McLoughlin, LLP provides
customized estate planning and
business law services to clients
throughout Ohio

What are the tax implications during probate?

On Behalf of | Jan 31, 2025 | probate & estate administration | 0 comments

Probate involves many complexities, and taxes add another layer of difficulty. Beneficiaries and executors who understand tax responsibilities during probate avoid unexpected financial burdens. Knowing what to expect ensures compliance with legal obligations and prevents unnecessary delays.

Estate taxes and exemptions

The government applies estate taxes to the total value of a deceased person’s assets before distribution. The federal estate tax only applies to estates exceeding a certain threshold, which changes periodically. Executors should determine whether an estate is subject to these taxes and file any necessary returns on time.

Inheritance taxes and state laws

Unlike estate taxes, inheritance taxes are paid by beneficiaries who receive assets from the estate. Ohio does not impose an inheritance tax, as it was repealed in 2013. However, beneficiaries may still need to consider federal tax implications or other state taxes if inheriting from an out-of-state estate. Close relatives, such as spouses and children, generally receive the most favorable tax treatment when it comes to estate distributions.

Income taxes on estate earnings

If an estate generates income during probate, such as rental income or interest from investments, it must file an estate income tax return. The estate must pay taxes on earnings before distributing assets to heirs. Executors should report this income properly to avoid penalties.

Capital gains taxes on inherited assets

Beneficiaries who sell inherited assets may owe capital gains taxes. The tax is based on the difference between the sale price and the asset’s fair market value at the time of the original owner’s death. This “step-up in basis” often reduces taxable gains, so understanding how this rule applies to different assets is essential.

Proper estate planning can help minimize tax liabilities during probate. Strategies such as gifting assets before death, setting up trusts, or utilizing tax-exempt accounts can reduce the overall tax impact. Researching tax regulations and planning ahead ensures compliance with tax laws while protecting beneficiaries’ interests.

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