Ohio Estate Tax Information

The Ohio Estate Tax

An Ohio estate is levied by the State of Ohio on the estate (including both probate and non-probate property) of a decedent who was a resident of Ohio at time of death.

An Ohio estate tax return must be filed when the value of the gross estate exceeds $200,000 for deaths in 2001 and $338,000 for deaths on and after 01/01/2002.

If the value of the gross estate is less than $200,000 for dates of death in 2001, an Ohio estate Form 22 must be filed if there is real estate.

An estate tax must be paid when the amount of the gross estate exceeds the $6,600 tax credit for 2001 or $13,000 for 2002 (generally equivalent to a $200,000 or $338,000 estate exemption), plus the amount of the administration costs, debts, and deductions allowed by law.

A surviving spouse receives an unlimited marital deduction for dates of death on and after July 1, 1993 which can result in no estate tax on property passing to a surviving spouse. 

Ohio Estate Tax Rates

If the taxable estate is: The tax shall be:
Not over $40,000 2% of the taxable estate
Over $40,000 but not over $100,000 $800 plus 3% of the excess over $40,000
Over $100,000 but not over $200,000 $2,600 plus 4% of the excess over $100,000
Over $200,000 but not over $300,000 $6,600 plus 5% of the excess over $200,000
Over $300,000 but not over $500,000 $11,600 plus 6% of the excess over $300,000
Over $500,000 $23,600 plus 7% of the excess over $500,000

States That Collect An Estate Tax

Currently 15 states and the District of Columbia collect a state estate tax. Below is a chart that lists which states collected state estate taxes in 2009 and which still do in 2010 along with their respective 2009 and 2010 state estate tax exemptions.

 State     2009 Exemption Amount
 2010 Exemption Amount
 District of Columbia $1,000,000 $1,000,000
 Illinois $2,000,000 State estate tax repealed due to repeal of federal estate tax
 Kansas $1,000,000 State estate tax abolished
 Maine $1,000,000$1,000,000
 Maryland $1,000,000$1,000,000
 Massachusetts $1,000,000 $1,000,000
 Minnesota $1,000,000 $1,000,000
 New Jersey $675,000$675,000
 New York$1,000,000
 North Carolina $3,500,000 $3,500,000
 Ohio $338,333 $338,333
 State estate tax abolished
 Oregon $1,000,000 $1,000,000
 Rhode Island$675,000
 Tennessee $1,000,000 $1,000,000 
 Vermont $2,000,000 $2,000,000