GroundSkill
EA Exam Part 1 · Lesson 38 of 48

Counting the Estate

Compute the gross estate, taxable estate, unified-credit rules, and joint-property inclusion

Most estates never owe estate tax, yet every executor still faces the same first question: add up everything the decedent held an interest in, subtract what the law lets the estate deduct, and test the total against the filing threshold. This lesson builds that computation in order: what counts in the gross estate, how deductions reach the taxable estate, and when the total forces a Form 706 return with the unified credit in play.

Step 1 What counts in the gross estate

The gross estate is the starting total: everything the decedent had an interest in at death, wherever it sits. The list reaches beyond outright ownership to annuities, the includible portion of joint holdings, certain life insurance proceeds even when a beneficiary other than the estate collects, property subject to a general power of appointment, and the decedent's share of community property. Lifetime transfers for less than full consideration can also be included again. Jointly owned property with someone other than a spouse follows a contribution rule: the full value goes in unless the surviving co-tenant can show that part of the property originally belonged to them and was never received from the decedent for less than full consideration, in which case only the decedent's furnished share stays in. Property the decedent held jointly with a spouse is simpler: one-half of its value is included, no matter who paid for it. Where joint owners received the property as a gift or inheritance without set shares, each owner's share is the full value divided by the number of owners. Build this total before thinking about deductions; every later computation starts here.

Worked example

Mara died owning a condo worth $500,000, holding stock worth $200,000, and owning an annuity contract worth $120,000. Her gross estate opens with \(500{,}000 + 200{,}000 + 120{,}000 = 820{,}000\), or $820,000, because each item is property or a contract interest she held. A car she had sold outright two years earlier for full value stays out, since she held no interest in it at death.

IRS sources for this step (4)
  • Form 706 Instructions Page 2

    The gross estate includes all property in which the decedent had an interest (including property outside the United States). It also includes: • Certain transfers made during the decedent’s life without an adequate and full consideration in money or money’s worth, • Annuities, • The includible portion of joint estates with right of survivorship (see the instructions for Schedule E (Form 706)), • The includible portion of tenancies by the entirety (see the instructions for Schedule E (Form 706)), • Certain life insurance proceeds (even though payable to beneficiaries other than the estate) (see the instructions for Schedule D (Form 706)), • Digital assets (see the instructions for Schedule F (Form 706)), • Property over which the decedent possessed a general power of appointment, • Dower or curtesy (or statutory estate) of the surviving spouse, and • Community property to the extent of the decedent’s interest as defined by applicable law.
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  • Form 706 Instructions Page 32

    Generally, you must include the full value of the jointly owned property in the gross estate. However, the full value should not be included if you can show that a part of the property originally belonged to the other tenant(s) and was never received or acquired by the other tenant(s) from the decedent for less than adequate and full consideration in money or money’s worth. Full value of jointly owned property also does not have to be included in the gross estate if you can show that any part of the property was acquired with consideration originally belonging to the surviving joint tenant(s).
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  • Publication 559 Page 39

    Qualified joint interest. One-half of the value of property owned by a decedent and spouse as tenants by the entirety, or as joint tenants with right of survivorship if the decedent and spouse are the only joint tenants, is included in the decedent's gross estate. This is true regardless of how much each contributed toward the purchase price.
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  • Form 706 Instructions Page 32

    If the property was acquired by the decedent and another person or persons by gift, bequest, devise, or inheritance as joint tenants, and their interests are not otherwise specified by law, include only that part of the value of the property that is figured by dividing the full value of the property by the number of joint tenants.
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Check this step

  1. Question 1Choose one.

    Mara died in 2026 owning a $400,000 brokerage account in her name alone. She and her brother owned a cabin worth $300,000 as joint tenants with right of survivorship; Mara furnished $200,000 of the purchase price from her own funds and her brother furnished $100,000, with no gifts between them. Six years before death she made a completed $200,000 cash gift with no retained interest. Which of the following is correct regarding her gross estate?

Step 2 From gross estate to taxable estate

The taxable estate is the gross estate after the allowable deductions come off. The recurring deductions are funeral expenses paid out of the estate, debts the decedent owed at death, the marital deduction for property passing to the surviving spouse, and the charitable deduction for property passing to qualifying recipients. Claim each deduction once, on the return it belongs to, and keep gifts and bequests to non-spouse individuals out of the deduction column.

Worked example

An estate shows a $1,900,000 gross estate, $15,000 of funeral costs paid from estate funds, $45,000 of credit-card and medical debts owed at death, and a $600,000 outright bequest to the surviving spouse. The taxable estate is \(1{,}900{,}000 - 15{,}000 - 45{,}000 - 600{,}000 = 1{,}240{,}000\), or $1,240,000. The $300,000 bequest to the decedent's brother reduces no line: it passes to a non-spouse individual and generates no marital deduction.

IRS sources for this step (6)
  • Publication 559 Page 39

    The taxable estate is the gross estate less allowable deductions.
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  • Publication 559 Page 39

    Taxable estate. The allowable deductions used in determining the taxable estate include: Filing requirement. The following table lists the filing requirements for estates of decedents dying after 2011. • Funeral expenses paid out of the estate,
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  • Publication 559 Page 39

    Taxable estate. The allowable deductions used in determining the taxable estate include: Filing requirement. The following table lists the filing requirements for estates of decedents dying after 2011. • Funeral expenses paid out of the estate, • Debts the decedent owed at the time of death,
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  • Publication 559 Page 39

    Taxable estate. The allowable deductions used in determining the taxable estate include: Filing requirement. The following table lists the filing requirements for estates of decedents dying after 2011. • Funeral expenses paid out of the estate, • Debts the decedent owed at the time of death, • The marital deduction (generally, the value of the property that passes from the estate to the surviving spouse),
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  • Publication 559 Page 39

    • The charitable deduction (generally, the value of the property that passes from the decedent's estate to the United States, any state, a political subdivision of a
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  • Publication 559 Page 39

    state, the District of Columbia, or a qualifying charity for exclusively charitable purposes)
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Check this step

  1. Question 1Choose one.

    An executor with a $6,000,000 gross estate asks which item may be subtracted to reach the taxable estate. Which of the following is correct?

Step 3 Whether the estate files and how the credit applies

Filing turns on a sum the executor must build: adjusted taxable gifts made after 1976, plus any pre-1977 specific exemption, plus the gross estate at death. Where that sum tops the basic exclusion amount, the estate files. For decedents who died in 2026 the basic exclusion amount is $15,000,000, paired with a basic credit amount of $5,945,800; for 2025 decedents the basic exclusion amount was $13,990,000, so the year of death sets the threshold. The unified credit (the applicable credit) then offsets the estate tax: the tentative tax is figured on the combined amount — the taxable estate with the line 4 adjusted taxable gifts added back — and reduced by gift taxes payable and the applicable credit, so lifetime taxable gifts and the death-time estate share one combined exclusion. A small estate can still file to elect portability of the unused exclusion to the surviving spouse. The tax itself is levied on the entire taxable estate rather than on any one beneficiary's share.

Worked example

Theo died in 2026 with a $14,200,000 gross estate and $1,100,000 of post-1976 adjusted taxable gifts. The filing total is \(14{,}200{,}000 + 1{,}100{,}000 = 15{,}300{,}000\), or $15,300,000, which clears $15,000,000, so the executor files Form 706. On the return the tentative tax is figured on the taxable estate with the $1,100,000 of adjusted taxable gifts added back, then reduced by gift taxes payable and the applicable credit; any credit unused against gift tax remains available against the estate tax, which is why the return reconciles lifetime and death transfers together.

IRS sources for this step (10)
  • Form 706 Instructions Page 1

    Which Estates Must File For decedents who died in 2026, Form 706 must be filed by the executor of the estate of every U.S. citizen or resident: 1. Whose gross estate, plus adjusted taxable gifts and specific exemption, is more than $15,000,000; or 2. Whose executor elects to transfer the deceased spousal unused exclusion (DSUE) amount to the surviving spouse, regardless of the size of the decedent’s gross estate. See the instructions for Part VI—Portability of Deceased Spousal Unused Exclusion (DSUE), later, and sections 2010(c)(4) and (c)(5).
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  • Form 706 Instructions Page 2

    To determine whether you must file a return for the estate under 1 above, add: • The adjusted taxable gifts (as defined in section 2503) made by the decedent after December 31, 1976; • The total specific exemption allowed under section 2521 (as in effect before its repeal by the Tax Reform Act of 1976) for gifts made by the decedent after September 8, 1976; and • The decedent’s gross estate valued as of the date of death.
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  • Form 706 Instructions Page 1

    The basic exclusion amount is $15,000,000.
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  • Form 706 Instructions Page 1

    The basic credit amount is $5,945,800.
    View on the source
  • Publication 559 Page 39

    For 2025, the basic exclusion amount is $13,990,000.
    View on the source
  • Form 706 Instructions Page 10

    Adjusted taxable gifts. Subtract line 4 from line 1. Enter here and on Form 706, Part II, line 4
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  • Form 706 Instructions Page 7

    To figure the tentative tax on the amount on line 5, use Table A—Unified Rate Schedule and put the result on this line.
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  • Form 706 Instructions Page 10

    In figuring the line 7 amount, do not include any tax paid or payable on gifts made before 1977. The line 7 amount is a hypothetical figure used to figure the estate tax.
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  • Form 706 Instructions Page 1

    This tax is levied on the entire taxable estate and not just on the share received by a particular beneficiary.
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  • Publication 559 Page 39

    Applying the applicable credit to estate tax. Basically, any applicable credit not used to eliminate gift tax can be used to eliminate or reduce estate tax. However, to determine the applicable credit available for use against the estate tax, you must complete Form 706.
    View on the source

Check this step

  1. Question 1Choose one.

    A 2026 decedent had a $13,800,000 gross estate, $1,500,000 of adjusted taxable gifts, and no pre-1977 specific exemption. Which of the following is correct regarding the Form 706 filing requirement?

599 practice questions for EA Exam Part 1

The course asks you questions like these as you learn, brings back the ones you miss, and ends with full-length practice exams.

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All 48 lessons in EA Exam Part 1
  1. Dependents, Filing Status, and a Clean File
    1. Counting Dependents
    2. Stop Rejections Before the Math
    3. Who the Taxpayer Is
    4. Resident or Nonresident
    5. Whether, When, and How to File
    6. Mapping the Whole Return
    7. Special Situations at Intake
  2. Everyday Income
    1. Pay, Interest, and Dividends
    2. Rentals, Gambling, and Canceled Debt
    3. Earning Abroad
    4. Odd Receipts and Timing
    5. Passive and Pass-Through Income
    6. Refunds, Forms 1099, and Children's Income
  3. Retirement Money
    1. IRA Basis and Roth Treatment
    2. Leaving the Plan
    3. Penalties on Early Money
    4. Required Withdrawals and Inherited Accounts
    5. Social Security and Foreign Pensions
  4. Property Sales and Basis
    1. What the Property Cost
    2. Gains, Losses, and Netting
    3. Shares and Partnership Interests
    4. Exclusions and Deferred Sales
    5. Options, Bad Debts, and Trader Status
  5. Adjustments and Itemized Deductions
    1. Retirement, HSA, and Self-Employed Adjustments
    2. Student Loans, Alimony Paid, and Moving
    3. Medical Costs, Taxes, and Mortgage Interest
    4. Gifts, Casualties, and Other Itemized
    5. Investment Interest and the QBI Deduction
  6. Credits
    1. Child Care and Child Credits
    2. School Credits and Foreign Taxes Paid
    3. Earned Income and Adoption Credits
    4. Health Credits and the Rest
  7. Total Tax and Penalties
    1. The Alternative Minimum Tax
    2. Self-Employment and Household Taxes
    3. Investment and Medicare Surtaxes
    4. Clergy, Military, and Decedents
    5. Paying on Time
  8. Estates, Gifts, and Foreign Reports
    1. Counting the Estate
    2. Spouses and Estate Filing
    3. Giving While Living
    4. Skipping Generations and Reporting Gifts
    5. Accounts and Entities Abroad
    6. Foreign-Reporting Penalties
  9. Planning and Fixing Returns
    1. Reporting and Fixing the Return
    2. Selling, Schooling, and Passing On
    3. Retirement and Timing Choices
    4. Marriage, Divorce, and Carryovers
    5. When Spouses Need Relief

GroundSkill is independently produced and is not affiliated with or endorsed by the IRS. Sources last checked 2026-09-14. Exam preparation, not tax advice.