Estate Tax in Georgia Probate Cases

One of the most common worries that arise when people plan their Estates is the effect that taxes will have on their heirs. It is only logical to want to ensure that your heirs receive the most value possible and taxation is one of the most common ways for an Estate to lose value.

Thankfully, an Estate tax in Georgia Probate cases is rare. While every Estate is subject to the federal Estate tax, only a small percentage will need to consider whether a state Estate tax applies. Our knowledgeable attorneys at Nelson Elder Care law can answer your questions concerning the Estate tax as well as craft Estate Plans in a way that limits the impact of these laws on the ability of your heirs to inherit your property.

Does an Out-of-State Beneficiary’s Estate Tax Apply?

Most Estate Planners in Georgia are lucky. The state of Georgia does not have an Estate tax on the books. This means that anytime a person dies in the state of Georgia, the state will never seize a portion of an Estate’s Assets.

However, this does not mean that a state’s Estate tax may not apply. Many other states and countries retain inheritance taxes that impact the ability of individuals to receive property after a death. In these situations, the state in which an heir or Beneficiary resides may seize a portion of their inheritance after they receive it via local Probate. Because of this, the proper selection of Beneficiaries in Georgia can help to limit the impact of state Estate taxes.

The Potential Impact of the Federal Estate Tax

One tax that may impact every Estate in Georgia is the federal Estate tax. This applies to every Probate proceeding that occurs everywhere in the country. Still, this will impact only a small percentage of Estates in Georgia.

The federal Estate tax seizes a portion of a person’s Estate over a certain value. As of 2021, this value is $11,700,000. This means that an Estate with a value less than this amount is free from federal Estate taxation.

For Estates in Georgia with a value of more than this amount, it is important to be able to estimate an expected tax liability. Under federal law, the Estate tax is progressive. This means that it applies only to the value in excess of $11,700,000. Furthermore, the percentage of value in excess of this amount that the government takes depends upon the total value of the Estate. For example, the government can take 18 percent of the value of an Estate that exceeds $11,700,000 if that value is between $1 and $10,000. As the value of an Estate rises, so does the percentage that the government can take. Nelson Elder Care Law can provide more information about the federal Estate tax and evaluate potential ways to limit its impact on an Estate Plan.

Discuss the Estate Tax in Probate Cases with a Georgia Attorney

Every comprehensive Estate Plan must take the Estate tax into account. While there is no state Estate tax in Georgia, other states and countries may impose inheritance taxes that could affect your heirs and Beneficiaries. Talking with our team at Nelson Elder Care Law can help you better understand the Estate tax in Georgia Probate cases and how to limit its impact on your Estate. Call today to get started.

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“On the threshold of retirement, we finally decided to quit thinking we could self-prepare the requisite documents. We had previously had only a very simple will. We needed the necessary legal (including updated will) & health care docs but didn’t want to deal with the time & complication of legalese. Cindy made the process relatively painless. She took the time to explain and answer questions without trying to upsell services. We were done in 2 meetings plus the reading of emailed drafts. In addition to preparing the documents, Nelson Eldercare will be there when our adult children need advice on executing the plans we’ve put in place.So glad it’s behind us and would recommend Cindy and her helpful staff.”

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