New York estate tax and an inherited Buffalo house
New York's tax at death is an estate tax: Tax Law § 952 imposes it on the transfer of a deceased resident's New York estate. The Department of Taxation and Finance says a resident's estate must file Form ET-706 when the federal gross estate plus any includible gifts is more than the basic exclusion amount, which is $7,350,000 for deaths in 2026. The return and any tax are due within nine months of death, and a copy of the federal Form 706 goes with it even if the estate has no federal filing requirement.
The cliff above 105%
New York's credit has three bands. When the New York taxable estate is at or below the exclusion amount, the credit removes the tax. Between the exclusion amount and 105% of it, the credit shrinks. Above 105%, no credit is allowed, and the whole taxable estate is taxed at the table rates. For an estate near that line, the value reported for the house can make a real difference.
The federal estate tax is separate
Federal tax law contains no inheritance tax. Its estate tax is charged to the estate itself, the executor pays it, and it applies only above the threshold for the year of death. When the person who died in 2026 was a U.S. citizen or resident, that threshold sits at $15,000,000, counting the gross estate along with adjusted taxable gifts and any specific gift tax exemption used; an executor electing portability files a federal return regardless. An Erie County estate can therefore have a New York return to file and no federal estate tax.
Your adviser picks the date and the return
New York starts from the federal gross estate (Tax Law § 954), which is valued as of the date of death (26 U.S.C. § 2031). The alternate date six months later can be used for New York only if it lowers both the gross estate and the tax. The Tax Department lists copies of appraisals among the documents an estate may need to provide, and the IRS instructions for Form 706 ask the estate to explain how real estate values were determined and to attach copies of any appraisals. The estate's attorney or tax adviser decides which return and which date apply; an appraisal gives an opinion of value, not a tax outcome.