Minnesota · Estate Law

Minnesota imposes a state estate tax with $3 million exclusion and no portability

Minnesota Statutes — Estate Tax

Minn. Stat. § 291.005

What the rule says

Minnesota imposes a state estate tax under Minn. Stat. § 291.005 et seq. on estates of Minnesota residents and on the Minnesota real and tangible property of non-residents at death.

Low exclusion threshold

The Minnesota estate tax exclusion is $3 million per individual — significantly lower than: - Federal estate tax: ~$13.99 million per individual (2026, indexed) - New York: $7.16 million - Illinois: $4 million - Most other state estate taxes

No portability

Like Illinois and Massachusetts, Minnesota does not recognize federal portability of unused exclusion between spouses. Each spouse's $3 million exclusion is used at that spouse's death; it cannot be transferred to the surviving spouse.

Tax rates

Minnesota applies the tax progressively above the threshold. The top rate is 16%.

What this means in practice

Minnesota's combination of low threshold and no portability produces:

- Estates of $3 million or more face Minnesota estate tax. With Twin Cities home values, retirement accounts, and other assets, many families exceed $3 million. - Bypass trust planning is essential for Minnesota married couples with $3M+ assets. Without portability, the first-deceased spouse's $3 million exclusion is wasted unless captured through bypass trust planning. - Federal estate tax does NOT apply for most Minnesota estates (federal threshold $13.99M is well above MN threshold). The Minnesota-only gap is the planning focus.

For an estate of $5 million: - No federal estate tax (well below $13.99M) - Minnesota estate tax on $2M of taxable estate at progressive rates up to 16% — approximately $300,000

How MN compares to other estate-tax states

Minnesota's framework is similar to Illinois and Massachusetts: - Low threshold + no portability: Minnesota ($3M), Massachusetts ($2M), Illinois ($4M), Oregon ($1M) - Higher threshold + no portability: New York ($7.16M) - Federal-conformed + portability: Connecticut

What you can do about it

For Minnesota residents with substantial assets:

- Calculate Minnesota estate tax exposure. $3M threshold and no-portability rule drive planning calculations. - Use bypass trust planning for married couples to preserve both spouses' exclusions. - Consider QTIP elections strategically. - Use lifetime gifting. Minnesota has no state-level gift tax. Lifetime gifts can reduce future estate tax exposure. - Consider charitable bequests. - Engage a Minnesota estate tax advisor.

For high-net-worth Minnesota residents considering relocation:

- Florida, Texas, Tennessee, South Dakota (no state estate tax) are common relocation destinations. - Minnesota real estate remains taxable even for non-resident decedents.

Who this affects most

Minnesota's estate tax framework is most consequential for:

- Married Minnesota residents with combined assets above $3M - Long-time Minnesota homeowners whose property values, retirement accounts, and other assets push them above the threshold - Estate planners coordinating Minnesota-specific exposure with federal planning - Surviving spouses who would lose the deceased spouse's $3M exclusion without bypass trust planning

Minnesota's combination of low threshold and no portability makes proactive bypass trust planning the standard response.

Verified April 29, 2026. View the statute at Minnesota Office of the Revisor of Statutes.

How does this affect you?

See exactly where your family is exposed — free in 3 minutes.

Check your situation

See something that needs correcting? Let us know.

Submit a correction

This information is educational, not legal advice. For complex situations, consult a licensed Minnesota attorney.