Federal and New York rules behind a date-of-death value
How the IRS sets an heir's basis
The IRS treats an inherited property's basis as, in general, its fair market value on the day the owner died, whether or not anyone files an estate tax return. The main exception is the alternate valuation date, which applies only when the executor files Form 706 and elects it. Selling above that figure leaves a taxable gain. Because basis follows the value at death, it can end up higher or lower than the price the owner once paid. In some estates, a 2015 federal law also ties the heir's basis to the value the estate tax process finally settled on. An heir generally does not report the inheritance itself as income, but what the property earns afterward, such as rent, is taxable (IRS Publication 525).
Two estate tax thresholds for 2026 deaths
No inheritance tax exists at the federal level; the estate tax that does exist is owed by the estate, and the executor pays it. For a decedent who was a U.S. citizen or resident and died in 2026, the federal return is triggered once the gross estate passes $15,000,000 after adding adjusted taxable gifts and any specific gift tax exemption used. Executors also file one to elect portability.
New York's line is lower. A resident's estate files Form ET-706 when the federal gross estate plus includible gifts exceeds $7,350,000 for 2026 deaths, and it attaches a copy of the federal Form 706 even if no federal return is otherwise required (Department of Taxation and Finance). New York begins with the federal gross estate (Tax Law § 954), and the six-month alternate date can be used on that federal copy only if it reduces both the gross estate and the tax.
When a spouse shared title to the Buffalo home
IRS Publication 555 names the community property states, and New York is not on that list. If the decedent owned the home with a surviving spouse, ask your tax adviser how the basis rules apply to each share, and do not assume the whole house takes a new basis. The appraisal can value the full property as of the date of death; your adviser applies that value.