Do assets outside probate count for state death taxes?
Key takeaway
The answer depends on the state and the tax involved. Iowa inheritance tax reporting can include non-probate assets, while Maryland inheritance tax and estate tax rules address property passing outside a will or probate process. The details below describe the specific Iowa and Maryland rules in the available guidance.
Iowa inheritance tax reporting can include non-probate assets
The listed property includes joint tenancy property, recent gifts, annuities, certain retirement plans, retained life interests, and trusts.
The Iowa guidance identifies several kinds of property for reporting, including jointly held property and trusts. The reporting list also includes certain retirement plans and retained life interests.
Maryland inheritance tax reaches property passing by different means
Maryland inheritance tax applies to property passing under wills, intestacy, trusts, deeds, joint ownership, or other means. Receipt of probate and non-probate property is subject to the tax, including jointly held assets and assets with a named beneficiary.
Joint ownership and beneficiary designations are among the forms it identifies, alongside property passing under a will, intestacy, trust, or deed.
Maryland estate tax uses a gross estate that includes non-probate property
The included property can be outside Maryland when the decedent had an interest in it.
Maryland estate tax return requirements depend on the federal gross estate, adjusted taxable gifts, prior Maryland QTIP election property, the exemption for the year of death, and Maryland residence or taxable-situs property. The return requirement therefore depends on several parts of the estate and the decedent's connection to Maryland.
Probate status alone does not settle the tax question
A practitioner article describes non-probate assets as relevant to determining an estate's value for tax purposes, while Iowa and Maryland official guidance identifies specific reporting or tax treatment.
Maryland inheritance tax guidance also addresses the county where the decedent lived or owned property. The Register of Wills in that county collects the inheritance tax.
Thresholds and rates change. Check the state's own current figures.