Florida Taxes Guide
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Overview of Florida Estate Tax
Florida estate taxes were eliminated in 2004. Instead, individuals and families pay a federal estate tax on transferring property upon death when an estate exceeds a specific threshold, also known as the estate tax base. The current federal tax exemptions are at $11.7 million in 2021.
Florida estate planning lawyers help people develop a family or business-friendly strategy to maximize tax savings, tax cuts, and deductions when they pass.
Estate Tax Rate
Florida’s estate tax rate varies on a marginal tax bracket according to your net worth. However, the estate tax can be as high as 40 percent or as low as 18 percent. You may need to structure your estate value to account for these percentages and potential savings using other strategies.
Here’s an article about estate tax in Florida.
Federal Estate Tax vs. Florida Estate Tax
Individuals pay the IRS a federal tax on estates of decedents. The amount charged is contingent upon the total asset value and tax rates. There’s no state tax on estates in Florida, which means you don’t pay anything to the Department of Revenue.
Here’s another article about federal estate tax vs. Florida estate tax.
Compliance with Florida Estate Tax
Florida estate tax compliance allows you to take a unified credit. The exemption will enable you to transfer up to $11.5 million before incurring taxes. Your spouse can also take the tax credit for generation-skipping advantages.
Estate Tax Calculator
A Florida estate tax calculator will help you estimate how much you have to pay in estate taxes. This information is helpful when engaging in end-of-life financial planning. However, you may want to work with Florida estate planning lawyers to help you estimate what your estate taxes are worth.
Filing & Paying
Filing and paying Florida estate tax isn’t necessary since the state doesn’t charge estate taxes to residents. However, you will need to pay them through the IRS on your federal return. Filers must complete Form 1041 when paying estate tax.
Here’s a web page that offers information on filing and paying estate tax in Florida.
Other Florida Estate Taxes
Other estate taxes in Florida include:
- Inheritance tax
- Gift tax
- Wealth tax
If you’re self-employed, you should also consider employer-related taxes, such as business tax rates and more.
Florida probate lawyers offer legal advice on estate tax matters. They can help you through the estate planning and probate process by drafting wills and trusts that meet your financial goals.
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Meet some of our Tax Lawyers
DC L.
Darren Craig ("DC") Lamb is the Founder and Managing Partner of DCL Legal, AI, & Business Consulting, a Nashville-based law firm serving entrepreneurs, founders, and growing businesses as outside general counsel. Licensed in TN, KY, and IN, Darren previously served as lead associate at Wilson Elser (AmLaw 200), handling all litigation for a Fortune 500 e-commerce company across KY, IN, and TN, and managing complex coverage matters for a leading international insurance market. DCL Legal focuses on business litigation, commercial contracts, corporate governance, AI & technology advisory, and fractional general counsel engagements — delivering executive-level legal guidance without the cost of full-time in-house counsel.
"DC exceeded my expectations. He took time to understand the project and organization, and provided expert advise accordingly. He was timely, thorough, thoughtful, and professional. He has become my goto for publishing contracts and consultation."
Christina J.
Christina J.
I am a Texas Board Certified specialist in Labor and Employment Law (since 2002) with nearly three decades of experience across private practice, Big Law, in-house counsel, and national civil rights litigation. I currently own and manage Jump Start Legal Justice Center, where I lead nationwide litigation for nonprofit domestic entities, defending free speech and constitutional rights, litigating Title VI and Title VII claims for professors, and representing individuals in No Fly list and watchlist challenges. For nearly a decade, I served as Civil Litigation Department Head at the Constitutional Law Center for Muslims in America (now MLFA), managing a nationwide team of up to 12 attorneys, paralegals, and interns. My docket included religious freedom and religious discrimination cases for Muslim, Jewish, and Native American clients; birthright citizenship challenges; and inmate rights litigation for meal and prayer accommodations. My employment law background includes senior roles at Littler Mendelson, Jackson Walker, Akin Gump, and Jackson Lewis, as well as serving as the Texas state expert for Thomson Reuters Practical Law. I have counseled corporations on wage/hour compliance, non-compete agreements, FMLA, discrimination, retaliation, and workplace investigations. I have first-chaired federal court jury trials and handled appeals across the Second, Third, Fourth, Fifth, Sixth, Ninth, Tenth, Eleventh, and D.C. Circuits. I also hold a Mediation Certification from the University of Houston and have served as an Associate Hearing Officer for the City of Dallas. I am a multiple-year Texas Super Lawyer (through 2026), Fellow of the Texas Bar College, and Fellow of the American Bar Association. I draft and review employment agreements, severance agreements, non-compete agreements, employee handbooks, independent contractor agreements, and settlement agreements. I also advise on nonprofit compliance, religious accommodations, and constitutional claims. Bar admissions: Texas (1996), U.S. Supreme Court, multiple Circuit Courts of Appeal, and federal district courts in Texas, Arkansas, Colorado, and Illinois (General Bar and Trial Bar).
LeMont J.
LeMont leads a corporate and transactional practice with a focus on delivering practical, business-oriented legal solutions. His practice spans corporate law, commercial transactions, and real estate matters, advising clients through entity formation, governance, contract negotiation, acquisitions, and complex deal structuring. In the corporate and transactional space, LeMont counsels closely held businesses, startups, and growth-stage companies on formation strategy, operating agreements, shareholder arrangements, and day-to-day commercial contracting. He is known for structuring deals in a way that balances legal protection with operational flexibility, ensuring that agreements are both enforceable and commercially workable. His real estate practice includes representing clients in residential and commercial transactions, including purchases, sales, leasing arrangements, and hybrid structures such as rent-to-own and option-to-purchase agreements. He regularly works with clients to navigate deal risk, clarify ownership timelines, and document transactions to minimize future disputes.
"Hired LeMont for a compliance review — a claim I was about to print and an agreement I was about to sign. He asked good questions before starting instead of guessing at my facts, and one of them caught a real gap in my own draft. Where the law was unsettled he told me what he'd do rather than stopping at "it depends," which is the entire reason I hired a lawyer instead of trying to read the statutes myself. He also surfaced something my own research had missed entirely. He flagged an issue he could easily have billed me to analyze, and told me to wait until it was actually a problem. Delivered on time, at the flat fee quoted, no surprises. I'll be hiring him again."
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