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).

Identifying exhibits. Copies of tax returns filed with Form 706 must be identified as exhibits to the Form 706.

Instructions for Form 706 (Rev. 7-2026) Catalog Number 16779E Aug 25, 2026 Department of the Treasury Internal Revenue Service www.irs.gov

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.

Two or more persons liable to file. If two or more persons are liable for filing the return, they should all join together in filing one complete return.

However, if they’re unable to join in making one complete return, each person is required to file a return disclosing all the information the person has about the estate, including the name of every person holding an interest in the property and a full description of the property.

If the appointed, qualified, and acting executor is unable to make a complete return as to any property, then every person holding an interest in the property must, on notice from the IRS, make a return regarding that interest.

Gross Estate 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.

U.S. Citizens or Residents; Nonresident Noncitizens File Form 706 for the estates of decedents who were either U.S. citizens or U.S. residents at the time of death. For estate tax purposes, a resident is someone who had a domicile in the United States at the time of death. A person acquires domicile in a place by living there, for even a brief period of time, with no definite present intention of later moving. See Regulations section 20.0-1(b) for more information.

Decedents who were neither U.S. citizens nor U.S. residents at the time of death file Form 706-NA, United States Estate (and Generation-Skipping Transfer) Tax Return, Estate of Nonresident Not a Citizen of the United States.

Residents of U.S. Territories All references to citizens of the United States are subject to the provisions of sections 2208 and 2209, relating to decedents who were U.S. citizens and residents of a U.S. territory on the date of death. If such decedents became U.S. citizens only because of their connections with a territory, then the decedents are considered nonresidents not citizens of the United States for estate tax purposes, and you should file Form 706-NA. If such decedents became U.S. citizens wholly independently of their connections with a territory, then the decedents are considered U.S. citizens for estate tax purposes, and you should file Form 706.