06/02/2026
For 2026, the federal gift and estate tax exemption is $15 million — effectively $30 million for a married couple. “Portability” allows any unused portion of a deceased spouse’s exemption to be transferred to the surviving spouse. But it isn’t automatic. The executor must timely file a properly completed estate tax return. Even if no estate tax is due on the first spouse’s death and it doesn’t look like the surviving spouse’s estate will exceed the exemption, making the portability election is a good idea. Doing so can help protect the survivor’s estate from estate taxes if he or she enjoys an unexpected windfall or if tax law changes reduce the exemption. For more information, contact us.