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How can I minimize estate taxes in Texas?

Posted by Chris Peterson | Sep 27, 2023

Estate taxes can be a substantial financial burden on your heirs and beneficiaries when you pass away. However, with careful planning and knowledge of the tax laws in Texas, you can take steps to minimize estate taxes and ensure that more of your hard-earned assets go to your loved ones. In this blog post, we'll explore several strategies that can help you reduce estate taxes in Texas.

Understand Texas Estate Tax Laws

The first step in minimizing estate taxes in Texas is to have a clear understanding of the relevant state laws. Texas does not impose a state-level estate tax. This means that you won't have to worry about paying any state estate taxes on your assets. However, it's crucial to stay informed about any changes in tax laws that may occur in the future.

Federal Estate Tax Planning

While Texas doesn't have a state estate tax, the federal government does impose estate taxes. As of 2023, the federal estate tax only applies to estates valued at more than $12.92 million for an individual or $25.84 million for a married couple. However, these thresholds are subject to change, so it's essential to keep track of any updates.

To minimize federal estate taxes, consider the following strategies:

Gifting: You can gift a certain amount of money or assets to your heirs each year without incurring gift taxes. This is a useful way to reduce the size of your estate.

Irrevocable Life Insurance Trust (ILIT): An ILIT can help remove the value of your life insurance policies from your taxable estate, ensuring that the death benefit goes to your beneficiaries tax-free.

Establishing a Family Limited Partnership (FLP) or Family Limited Liability Company (LLC): These entities can help you retain control over your assets while gradually transferring ownership to your heirs, often at a reduced tax cost.

Charitable Giving

Another effective way to minimize estate taxes is through charitable giving. By leaving a portion of your estate to qualified charitable organizations, you can reduce the taxable value of your estate. This not only benefits your chosen cause but can also provide valuable tax deductions for your estate.


Utilizing trusts can be a powerful estate planning tool in Texas. Revocable living trusts, irrevocable trusts, and charitable remainder trusts are just a few options to consider. Trusts can help you maintain control over your assets, provide for your heirs, and potentially reduce estate taxes.

Annual Exclusion Gifts

Take advantage of the annual gift tax exclusion. As of 2023, you can gift up to $17,000 per person each year without triggering federal gift taxes. This allows you to reduce the size of your estate over time.

Seek Professional Advice

Estate planning can be complex, and the laws surrounding taxes are subject to change. To ensure that you're making the best decisions for your unique situation, consult with an experienced estate planning attorney or financial advisor. They can help you navigate the intricacies of estate taxes and create a tailored plan that minimizes tax liabilities while preserving your wealth for future generations.


Minimizing estate taxes in Texas requires careful planning, knowledge of the tax laws, and strategic decision-making. While the state itself does not impose estate taxes, federal estate taxes can still apply, making it essential to stay informed and employ effective estate planning strategies. By understanding the options available and seeking professional advice from a Texas estate tax planning attorney, you can ensure that more of your assets go to your loved ones and less to the taxman. Remember, estate planning is not a one-size-fits-all endeavor, so it's crucial to create a plan that aligns with your unique financial situation and goals.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.