Estate Tax

Navigating the Latest IRS Changes for 2023 Estate Tax Exemptions

As we step into 2023, the field of estate planning continues to evolve, with the Internal Revenue Service (IRS) implementing new changes that impact estate tax exemptions. Estate attorneys and their clients must stay abreast of these alterations to ensure their estate plans remain effective and tax-efficient. In this article, we’ll delve into the key updates introduced by the IRS for 2023 and discuss strategies to navigate these changes successfully.

Estate Tax Exemption Limits for 2023

The IRS has revised the estate tax exemption limits for the year 2023. Individuals and families can now pass on a larger portion of their wealth without incurring federal estate taxes. For 2023, the estate tax exemption has been raised to [current exemption amount], up from [previous exemption amount], representing a substantial increase. This change can significantly impact estate planning strategies, offering greater flexibility to high-net-worth individuals and families.

Portability of Unused Exemption

One noteworthy feature that remains unchanged is the portability of the unused estate tax exemption between spouses. This means that if one spouse passes away and does not use their entire exemption, the unused portion can be transferred to the surviving spouse. This provision can be immensely beneficial in maximizing the estate tax savings for couples, allowing the surviving spouse to potentially utilize both their own and their deceased spouse’s unused exemptions.

Implications for Gifting Strategies

With the increased exemption limit, gifting strategies have gained renewed significance. Individuals and families can consider making larger lifetime gifts to heirs and beneficiaries without triggering gift taxes. Leveraging annual gift exclusions, which allow tax-free gifting up to a certain amount per recipient, becomes even more advantageous given the higher exemption threshold.

Moreover, the concept of “gift splitting” remains a viable option for married couples. This strategy enables spouses to combine their individual gift exclusions and jointly gift substantial assets to beneficiaries. However, it’s important to note that these gifting strategies must be approached thoughtfully, as they may affect the step-up in basis for capital gains tax purposes.

Reviewing and Updating Existing Estate Plans

The substantial increase in the estate tax exemption underscores the importance of reviewing and updating existing estate plans. Estate attorneys should encourage clients to revisit their wills, trusts, and other planning documents to ensure they align with the new exemption limits and overall financial goals. Provisions that were strategically designed based on previous exemption amounts may no longer be optimal in the current landscape.

Additionally, clients should evaluate the impact of these changes on their beneficiary designations, charitable giving plans, and business succession strategies. For instance, philanthropically inclined individuals may want to explore advanced techniques like charitable remainder trusts or donor-advised funds to optimize their giving while minimizing taxes.


The IRS’s 2023 changes to estate tax exemptions offer a unique opportunity for estate attorneys and their clients to optimize their estate plans for greater tax efficiency and wealth preservation. By understanding the revised exemption limits, staying informed about gifting strategies, and reviewing existing plans, individuals and families can make informed decisions that align with their financial objectives. Contact us to collaborate with an experienced estate attorney to navigate these changes successfully and ensure a secure financial future for loved ones.

This article is provided for informational purposes only. By viewing blog posts, the reader understands there is no attorney-client relationship between the reader and Kierman Law, PLC. The article should not be used as a substitute for legal advice or engagement with a licensed professional attorney. Readers are urged to reach out to us directly regarding specific legal questions concerning a specific situation.