Nothing on this page is advice about your situation, and no article can be. If you want your own facts looked at, a Minnesota trust and estate attorney can do that. The firm's trusts and estate planning page is here.
The number for 2026: $3,000,000
Minnesota’s estate tax exclusion for a person who dies in 2026 is $3,000,000 — a fixed dollar amount in the statute, not an indexed one. Minn. Stat. § 291.016, subd. 3(b) lists it by year of death and ends here:
(4) $3,000,000 for decedents dying in 2020 and thereafter.
No inflation clause appears anywhere in the subdivision. Its History line ends at the 2017 first special session — 1Sp2017 c 1 art 1 s 33; art 13 s 14 — and the Revisor’s Table 2 of statutes changed records no action on § 291.016 in the 2025 regular session, the 2025 first special session, or the 2026 session. The figure that applied to a 2020 death applies to a 2026 death.
The rate schedule
Minn. Stat. § 291.03, subd. 1(b), for decedents dying in 2018 and thereafter — the statute’s own two columns, every figure as enacted:
| Amount of Minnesota Taxable Estate | Rate of Tax |
|---|---|
| Not over $7,100,000 | 13 percent |
| Over $7,100,000 but not over $8,100,000 | $923,000 plus 13.6 percent of the excess over $7,100,000 |
| Over $8,100,000 but not over $9,100,000 | $1,059,000 plus 14.4 percent of the excess over $8,100,000 |
| Over $9,100,000 but not over $10,100,000 | $1,203,000 plus 15.2 percent of the excess over $9,100,000 |
| Over $10,100,000 | $1,355,000 plus 16 percent of the excess over $10,100,000 |
Thirteen percent is the floor. There is no bracket below it and no phase-in. The Department of Revenue’s rate page carries the same 16 percent high and 13 percent low for 2018-present, “only a guide.”
The exemption is not a deduction from the tax. Section 291.016, subd. 3(a) allows a subtraction in computing the Minnesota taxable estate equal to the sum of two amounts: the exclusion amount for the year of death, which is the $3,000,000, and the lesser of the value of qualified small business and qualified farm property or $5,000,000 minus that exclusion. Where the estate holds no qualified farm or business property the second amount is zero and the subtraction is the $3,000,000 alone. Section 291.03, subd. 1 applies the schedule to the taxable estate that results and multiplies the result by a situs fraction “not greater than one” — one, for a Minnesota resident whose property is all here. At the low end the arithmetic lands where you would guess: $3,500,000 less $3,000,000 is $500,000, and 13 percent of that is $65,000.
Two things Minnesota does not have
No inheritance tax. The Department of Revenue puts it in a sentence: “Inheritance tax is a tax on what beneficiaries of an estate inherit. Minnesota does not have an inheritance tax.” The same page adds: “Minnesota’s inheritance tax was repealed starting in 1980.”
No portability. Federal law lets a surviving spouse use the first spouse’s unused exclusion only by election: under 26 U.S.C. § 2010(c)(5)(A) the amount may not be taken into account unless the executor of the first estate files an estate tax return computing it and makes the election on that return, and no election may be made on a return filed after the time prescribed by law, including extensions. Minnesota has no equivalent. Section 291.016, subd. 3 moves nothing from one spouse’s exclusion to the other’s, and the Department said so in its January 22, 2025 analysis of S.F. 30: “Portability is currently not available under Minnesota law.” Minnesota offers a state-only QTIP election instead, on the estate tax machinery page.
The search term: "Minnesota inheritance tax 2026."
There is no Minnesota inheritance tax, in 2026 or any year since 1980. An inheritance tax is charged to the person who receives; Minnesota's estate tax is charged to the estate before anyone receives anything. A beneficiary looking for an inheritance tax waiver letter will not get one — the Department does not issue them.
Who has to file
The filing test is not what the family takes home. Minn. Stat. § 289A.10, subd. 1 requires a return from the personal representative of a decedent holding property with a Minnesota situs if a federal estate tax return is required, or if
the sum of the federal gross estate and federal adjusted taxable gifts, as defined in section 2001(b) of the Internal Revenue Code, made within three years of the date of the decedent’s death exceeds … $3,000,000 for estates of decedents dying in 2020 and thereafter.
Gross estate, plus three years of adjusted taxable gifts — not net of the mortgage, the debts, the charitable bequest, or the marital deduction. The Department’s filing-requirement page uses the same word, gross: returns are required “when the total gross value of the estate exceeds” the table figure, $3,000,000 for 2020-present. A return can be required on an estate that owes nothing.
The deadline
Nine months. Minn. Stat. § 289A.18, subd. 3: “An estate tax return must be filed with the commissioner within nine months after the decedent’s death.” Section 289A.19, subd. 4 extends the filing deadline by six months, or by however long the federal extension under section 6081 of the Internal Revenue Code runs, whichever is longer. The Department states the working rule: “Form M706, Estate Tax Return and payment are due nine months after a decedent’s death. We allow an automatic six-month extension to file, but do not allow an extension for payment.”
The federal figure, for contrast
The federal basic exclusion for 2026 is $15,000,000, and it is statutory rather than an IRS announcement. 26 U.S.C. § 2010(c)(3)(A) reads “the basic exclusion amount is $15,000,000” — the figure Pub. L. 119-21, § 70106(a) substituted on July 4, 2025. Subparagraph (B) indexes it “[i]n the case of any decedent dying in a calendar year after 2026,” and Rev. Proc. 2025-32 § 2.14 confirms that “[t]he basic exclusion amount will be adjusted for inflation for calendar year 2027 and future years.”
The 2026 gap is five to one, and it widens by operation of law: the federal number is indexed every year from 2027 forward; Minnesota’s does not move unless the legislature moves it.
What changed for 2026
Nothing in the exemption. Nothing in the rates. One provision in the estate tax chapter changed at all: Laws 2026, ch. 128, art. 1, § 31, signed by the governor May 27, 2026, struck “2023” and inserted “2026” in Minn. Stat. § 291.005, subd. 1(3), so “Internal Revenue Code” for Minnesota estate tax purposes now means the Code as amended through May 1, 2026. The Revisor’s posted § 291.005 still displays May 1, 2023 and a History line ending in 2023; the session law is the current text.
The pitch: "Put everything in a living trust and it will eliminate estate tax."
A revocable living trust does not reduce the Minnesota estate tax. 26 U.S.C. § 2038(a)(1) pulls into the gross estate any interest the decedent transferred, other than in a bona fide sale for adequate and full consideration, "where the enjoyment thereof was subject at the date of his death to any change through the exercise of a power (in whatever capacity exercisable) by the decedent alone or by the decedent in conjunction with any other person … to alter, amend, revoke, or terminate." A revocable trust is that power, described. Minnesota's taxable estate is built on the federal figure, so the assets are counted either way. What the trust does is keep them out of probate — a different problem.
Where the rest of it is
This page is the number, the rate table, and the dates. The machinery — how the Minnesota taxable estate is built, the three-year gift add-back, the state-only QTIP election, the farm and small-business subtraction and its recapture, the situs rules for nonresidents, and who is personally liable when an estate distributes before it pays — is on the Minnesota estate tax page. Neither page tells you what to do about your own estate.
Common questions
- What is the MN estate tax exemption for 2026?
- The Minnesota estate tax exclusion is $3,000,000 for a person who dies in 2026. The statute sets that figure for deaths in 2020 and every year after, and it contains no inflation adjustment, so the number has not moved since 2020 and did not change in the 2025 or 2026 legislative sessions.
- What are the Minnesota estate tax rates for 2026?
- For deaths in 2018 and later, including 2026, Minnesota applies a five-bracket schedule to the Minnesota taxable estate: 13 percent up to $7,100,000; $923,000 plus 13.6 percent of the excess over $7,100,000; $1,059,000 plus 14.4 percent of the excess over $8,100,000; $1,203,000 plus 15.2 percent of the excess over $9,100,000; and $1,355,000 plus 16 percent of the excess over $10,100,000.
- Does Minnesota have an inheritance tax in 2026?
- No. The Minnesota Department of Revenue states that Minnesota does not have an inheritance tax, and that Minnesota's inheritance tax was repealed starting in 1980. Minnesota taxes the estate itself, above a $3,000,000 exclusion for 2026 deaths, rather than taxing each beneficiary on what they receive.
- Did the Minnesota estate tax exemption change for 2026?
- No. The exclusion stayed at $3,000,000 and the rate schedule was untouched. The only 2026 change anywhere in Minnesota's estate tax chapter moved the date through which Minnesota conforms to the Internal Revenue Code from May 1, 2023 to May 1, 2026. That does not change the exemption.
- How do you avoid the MN estate tax?
- There is no single answer, and several common ones are false. A revocable living trust does not reduce the Minnesota estate tax for 2026 deaths. Minnesota offers no portability between spouses. The statute does give a state-only marital election and a farm and small-business subtraction, among other things.
Sources checked September 7, 2026. Citations independently verified against the primary source September 7, 2026.
- Minn. Stat. § 291.016 — Minnesota Office of the Revisor of Statutes
- Minn. Stat. § 291.03 — Minnesota Office of the Revisor of Statutes
- Minn. Stat. § 291.005 — Minnesota Office of the Revisor of Statutes
- Minn. Stat. § 289A.10 — Minnesota Office of the Revisor of Statutes
- Minn. Stat. § 289A.18 — Minnesota Office of the Revisor of Statutes
- Minn. Stat. § 289A.19 — Minnesota Office of the Revisor of Statutes
- Laws 2026, ch. 128 (H.F. 2438), art. 1, § 31 — Minnesota Office of the Revisor of Statutes
- Statutes Changed (Table 2), 2025 and 2026 sessions — Minnesota Office of the Revisor of Statutes
- 26 U.S.C. § 2010 — Office of the Law Revision Counsel, U.S. House of Representatives
- 26 U.S.C. § 2038 — Office of the Law Revision Counsel, U.S. House of Representatives
- Rev. Proc. 2025-32 — Internal Revenue Service
- Estate Tax versus Inheritance Tax — Minnesota Department of Revenue
- Estate Tax Filing Requirement — Minnesota Department of Revenue
- Estate Tax Due Dates and Extensions — Minnesota Department of Revenue
- Estate Tax Rates — Minnesota Department of Revenue
- Estate Tax: Portability for Unused Exclusion, Analysis of S.F. 30 (Jan. 22, 2025) — Minnesota Department of Revenue