How Does Step-Up in Basis Work in Florida?

Inherited assets in Florida take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces no state capital gains taxFla. Const. Art. VII, § 5(a) — "No tax upon estates or inheritances or upon the income of natural persons who are residents or citizens of the state shall be levied by the state"Verified Sep 15, 2026View source.

When someone dies, the cost basis of the property they leave is reset to its fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014. A later sale is taxed on the gain above that stepped-up basis, not above what the original owner paid, so the appreciation of the owner's lifetime is never taxed. The rule is federal and applies in Florida as in every state.

State capital gains tax is a separate layer from the federal tax. After the step-up, the gain on a later sale faces no state capital gains taxFla. Const. Art. VII, § 5(a) — "No tax upon estates or inheritances or upon the income of natural persons who are residents or citizens of the state shall be levied by the state"Verified Sep 15, 2026View source. The step-up still matters: it sets the gain on which both the federal and the state tax are figured.

For the capital gains tax, inheriting is usually better than receiving a lifetime gift. Inherited property takes a basis reset to fair market value at death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014; a gift carries the donor's original basis26 USC § 1015(a)Verified Sep 15, 2026View source under IRC § 1015. Stock bought for $10,000 and worth $200,000 carries a $190,000 gain to the recipient of a gift and none to an heir. Property held in a revocable living trust still receives the step-up at the grantor's death.

No. Inherited property is treated as held long-term from the date of death26 USC § 1223(9)Verified Sep 15, 2026View source under IRC § 1223(9), whatever the actual holding period, so a sale the day after the inheritance is taxed at the federal long-term rates of 0%, 15%, or 20%IRC § 1(h); IRS Topic No. 409Verified Sep 15, 2026View source on any gain above the stepped-up basis, plus the Florida layer. Short-term ordinary-income rates never apply.

The new basis is the fair market value on the date of death26 USC § 1014(f), § 6035; IRS Pub. 551 (Basis of Assets); Form 8971 / Schedule AVerified Sep 15, 2026View source, and IRS Publication 551 sets the standard for each asset class: for a publicly traded security the average of the high and low prices that day, for real estate a qualified appraisal as of that date, for a privately held business interest an independent valuation (required where a federal estate tax return is filed). The valuation is what substantiates the basis on Schedule D when the heir sells.

Forms for Planning and Settling an Estate in Florida

Free Florida forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.

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Digital Assets Recovery Letter

Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.

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Notice to Creditors

In Florida, the notice to creditors is published for 2Fla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 3 monthsFla. Stat. § 733.702Verified Sep 8, 2026View source from first publication to present claims.

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Renunciation of Executor

In Florida, a person named as personal representative may renounce the right to serveFla. Stat. § 733.301(1)(a), (4); Fla. Prob. R. 5.201(b); Fla. Stat. § 731.302Verified Sep 23, 2026View source before anyone is appointed.

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Estate Inventory

In Florida, the personal representative files the estate inventory within 60 daysFla. Prob. R. 5.340; Fla. Stat. § 733.604Verified Sep 15, 2026View source of appointment.

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Estate Closing

In Florida, the personal representative is discharged by court orderFla. Prob. R. 5.400(e); Fla. Stat. § 733.901Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.

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Letter of Instruction

Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.

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Last Will and Testament

In Florida, a will is signed before 2Fla. Stat. § 732.502Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyFla. Stat. § 732.502Verified Oct 18, 2026View source.

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Healthcare Power of Attorney

Florida requires 2Fla. Stat. § 765.203Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredFla. Stat. § 765.203Verified Oct 15, 2026View source.

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Tools for Planning and Settling an Estate in Florida

Free calculators and checklists for planning or settling an estate in Florida: will and trust costs, probate, executor pay, and inheritance taxes.

How Much Are Estate & Inheritance Taxes?

Florida levies no estate or inheritance taxNo state estate or inheritance tax. Fla. Const. Art. VII, § 5(a) caps any Florida estate or inheritance tax at the federal credit amount; the Chapter 198 estate tax (Fla. Stat. § 198.02) is a federal-credit pickup — not repealed, but $0 since EGTRRA eliminated the federal state death tax credit, and the Florida Department of Revenue confirms the estate tax was eliminated for people who died after Dec. 31, 2004. Florida has no inheritance tax and no gift tax.Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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What Taxes Apply to My Inheritance?

Florida imposes no inheritance or estate taxNo state estate or inheritance tax. Fla. Const. Art. VII, § 5(a) caps any Florida estate or inheritance tax at the federal credit amount; the Chapter 198 estate tax (Fla. Stat. § 198.02) is a federal-credit pickup — not repealed, but $0 since EGTRRA eliminated the federal state death tax credit, and the Florida Department of Revenue confirms the estate tax was eliminated for people who died after Dec. 31, 2004. Florida has no inheritance tax and no gift tax.Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.

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What Are the Estate Laws in My State?

Probate on a $500,000 estate in Florida costs an estimated $30,600Fla. Stat. § 733.6171Verified Sep 8, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees on a statutory schedule presumed reasonableFla. Stat. § 733.6171Verified Sep 8, 2026View source. Estates under $150,000 can use a small-estate procedure instead.

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When Do I Have to Withdraw an Inherited IRA?

See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.

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How Much Does Probate Cost?

Probate on a $500,000 estate in Florida costs an estimated $30,600Fla. Stat. § 733.6171Verified Sep 8, 2026View source. Attorney fees on a statutory schedule presumed reasonableFla. Stat. § 733.6171Verified Sep 8, 2026View source.

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Who Inherits Without a Will?

Without a will in Florida, a surviving spouse takes the entire estateFla. Stat. § 732.102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per stirpesFla. Stat. § 732.104Verified Sep 10, 2026View source.

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How Many Death Certificates Do I Need?

In Florida, certified death certificates come from the Florida Department of Health - Bureau of Vital StatisticsFlorida Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source; the first copy costs $5Florida Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source, additional copies $4Florida Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source each.

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Do I Need Probate?

Florida sets no dollar limit for its Disposition Without AdministrationFla. Stat. § 733.402 (bond — required by default: "Unless the bond requirement has been waived by the will or by the courtVerified Sep 8, 2026View source; eligibility turns on other tests.

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Florida Estate Planning Resources

In-depth guides covering Florida probate laws, trust requirements, and estate planning strategies.