Inherited IRAs

Seven must-know rules for handling an inherited IRA — one of the most complex issues at the intersection of estate planning, financial planning, and tax planning.

The Most Complex Issue in Estate Wrap-Up

Do not cash out first and ask questions later. The worst thing a beneficiary can do is cash out an inherited IRA, put it in a regular account, and then consult an advisor. At that point, the tax damage is done and the IRS will not give you a do-over. Act before touching the account.

An inherited IRA may be the most complex issue to handle when wrapping up an estate. If you have recently inherited an individual retirement account, you are at a tricky three-way intersection of estate planning, financial planning, and tax planning. One wrong decision can lead to expensive and irreversible consequences.

An inherited IRA (also called a beneficiary IRA) is an individual retirement account opened when you inherit a tax-advantaged retirement plan — including any IRA or an employer-sponsored plan such as a 401(k) — following the death of the owner. Any type of IRA may become an inherited IRA: traditional, Roth, SEP, and SIMPLE. The income tax treatment carries over from the original account: pre-tax dollars (traditional IRA) remain pre-tax; after-tax dollars (Roth IRA) remain after-tax.

Who you are in relation to the deceased determines which rules apply to you. The SECURE Act of 2019 significantly changed the landscape, creating more complexity and eliminating the “stretch IRA” strategy for most non-spouse beneficiaries.

Three Categories of Beneficiaries

Your options depend almost entirely on which category you fall into:

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Surviving Spouse

The most options — can roll over into own IRA, treat as their own, or take as beneficiary. Different rules apply based on deceased spouse’s age.

Eligible Designated Beneficiary

Minor children, chronically ill or disabled beneficiaries, or those not more than 10 years younger than the owner. May use life expectancy or 10-year rule.

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Designated Beneficiary

Everyone else — subject to the 10-year rule only. Must fully withdraw the account by Dec. 31 of the year 10 years after the original owner’s death.

Seven Key Rules to Know

1

Spouses Get the Most Leeway

Surviving spouses have options no other beneficiary receives

If you inherit an IRA from your deceased spouse, you have three primary choices:

  • Treat the IRA as your own, naming yourself as the owner — effectively resetting the account as if it were always yours
  • Roll it over into your own IRA or a qualified employer plan (403(b), etc.) — again treating it as your own with your own beneficiary designations
  • Treat yourself as the beneficiary of the plan, keeping it as an inherited IRA

Rolling the IRA into your own account resets everything — you can name your own beneficiary, manage it as your own account, and delay RMDs based on your own age. The right choice depends on your age, whether the deceased had begun RMDs, and your cash flow needs.

Note: The IRS uses age 73 (born 1951–1959) or 75 (born 1960+) under SECURE 2.0 for RMD purposes — not the age 72 referenced in older guidance. The rules differ substantially for Roth IRAs vs. traditional IRAs, so review your specific situation carefully.

2

Choose When to Take Your Money

The 10-year rule applies to most non-spouse beneficiaries

Eligible designated beneficiaries (minor children, chronically ill, disabled, or within 10 years of age of the owner) have two options:

  • Transfer assets into an inherited IRA in your name and take RMDs over your life expectancy or that of the deceased owner
  • Transfer into an inherited IRA and take distributions over 10 years, fully liquidating by Dec. 31 of the 10th year after the owner’s death

Designated beneficiaries (everyone else, except spouses) may only use the 10-year rule. The account must be fully withdrawn by Dec. 31 of the year that is 10 years after the original owner’s death.

For substantial accounts, the 10-year forced liquidation can add up to a significant income tax bill — unless the IRA is a Roth, in which case taxes were already paid before money entered the account.

When deciding how to take withdrawals, balance the legal requirements against the tax impact of withdrawals and the advantage of letting remaining funds continue to grow tax-deferred.

3

Be Aware of Year-of-Death RMDs

If the original owner hadn’t taken their distribution yet, you must

If the original account owner was required to take RMDs and had not yet taken the distribution for the year of death, it becomes the beneficiary’s responsibility to take that distribution before year-end. Missing it triggers a 25% excise tax on the undistributed amount.

This is a serious risk when someone dies early in the calendar year — they almost certainly hadn’t taken their annual RMD yet. If you are not aware you own the account, you may not find out until after Dec. 31, when it is already too late.

If your father dies on Christmas Day and hasn’t taken his distribution, you have less than a week to take it out as the beneficiary. The last day of the calendar year is the deadline.

If the deceased was not yet required to take distributions, there is no year-of-death RMD obligation. Confirm the owner’s RMD status as one of your first steps after inheriting.

4

Take the Tax Deduction If You’re Entitled to It

Income in respect of a decedent — a deduction many beneficiaries miss

An inherited traditional IRA is taxable — any amount you withdraw is subject to ordinary income tax. (An inherited Roth IRA is generally free of taxes on the principal.) However, if the estate was subject to the federal estate tax, beneficiaries of the IRA are entitled to an income-tax deduction for estate taxes paid on the IRA assets.

This is called income in respect of a decedent (IRD). The taxable income was earned by the deceased but not received before death. When you take a distribution and pay income tax on it, you can deduct the portion of estate tax that was attributable to the IRA. For example: $1 million of taxable IRA income with a $350,000 IRD deduction to offset it.

You do not have to have been the person who paid the estate tax — only that someone did. For 2025, estates worth more than $13.99 million are subject to the federal estate tax (up from $13.61 million in 2024). If the estate was below this threshold, the IRD deduction does not apply. This is a deduction many beneficiaries miss entirely — consult a tax professional before filing.

5

Do Not Ignore Beneficiary Forms

A missing or outdated form can derail an entire estate plan

Beneficiary designation forms control where IRA assets go at death — and they override whatever a will says. An ambiguous, incomplete, or missing form can create serious legal and financial problems for the people you intended to benefit.

One beneficiary form can control millions of dollars, whereas a trust could be 50 pages. People procrastinate, they don’t update forms, and they cause all kinds of legal entanglement.

If there is no designated beneficiary form and the account passes to the estate, beneficiaries may be forced to withdraw the money over a five-year period — compressing the tax impact and eliminating all flexibility.

Review and update your beneficiary designations after every major life event — marriage, divorce, birth of a child, or the death of a named beneficiary. Contact your IRA custodian to confirm your forms are on file and current. Do not assume they are.

6

Improperly Drafted Trusts Can Be Costly

Listing a trust as IRA beneficiary requires specialized legal drafting

It is possible to name a trust as the primary beneficiary of an IRA — and it is also possible for this to go seriously wrong. Done incorrectly, a trust can unintentionally limit the options of beneficiaries and trigger accelerated distribution rules.

If the trust provisions are not carefully drafted, some IRA custodians will be unable to see through the trust to identify the qualified beneficiaries. When that happens, the IRA’s default accelerated distribution rules apply — potentially forcing faster, larger, more taxable withdrawals than intended.

A trust should be drafted by a lawyer who is experienced specifically with the rules for leaving IRAs to trusts. Without highly specialized advice, the problems can be difficult or impossible to untangle.

Malpractice in this area is irreversible. You cannot argue abatement of penalty and interest in an inherited IRA case. The only recourse is a private letter ruling from the IRS — which costs approximately $6,000–$10,000 in fees and takes roughly six months to receive. Get the drafting right the first time.

7

A Roth IRA Can Simplify the Process for Heirs

Tax-free inheritance for beneficiaries is one of the Roth’s underappreciated advantages

One of the less obvious benefits of the Roth IRA is how it simplifies inherited IRA tax issues. In general, the Roth IRA allows you to pass assets to heirs income-tax-free — they will not be taxed on the principal or on earnings that were already in the account when the five-year holding period has been met.

This matters because a large traditional IRA inherited under the 10-year rule can create an enormous income tax bill for beneficiaries. The same account as a Roth IRA would not. If you are considering converting traditional IRA funds to Roth during your lifetime — paying taxes now to spare heirs later — inherited IRA simplification is a meaningful part of the calculus.

Key nuance for spouses: If a surviving spouse inherits a Roth IRA and treats it as their own, any withdrawn earnings will be taxable until the spouse reaches age 59½ and the five-year holding period on the account has been met.

For any lump-sum distribution from an inherited Roth IRA, the withdrawal is tax-free as long as the five-year holding period was met by the original owner. If not, any withdrawn earnings are taxable.

What to Do When You Inherit an IRA

  • Do not touch the account before getting advice Cash out first, ask questions later is the most expensive mistake beneficiaries make. The IRS does not offer do-overs.
  • Determine what category of beneficiary you are Spouse, eligible designated beneficiary, or designated beneficiary — your entire set of options hinges on this.
  • Check whether the year-of-death RMD has been taken If not, you must take it before December 31 or face a 25% penalty on the undistributed amount.
  • Verify beneficiary forms on all accounts you own Use this event as a reminder to confirm your own designations are current and on file with every custodian.
  • Consult a fee-only fiduciary advisor with inherited IRA experience The IRS website provides the rules but not the guidance. Pick an advisor who is legally required to act in your interest — not one who earns a commission on what you do with the money.
  • Get a second opinion if something seems wrong Do not sign anything irreversible under pressure or uncertainty. The stakes are high enough that a second opinion is worth the cost.

An inherited IRA can be a significant financial windfall — especially if you can take advantage of years of continued tax-advantaged growth. But the pitfalls are real and the IRS is not forgiving. We work with clients navigating inherited IRAs as part of a broader financial planning engagement. Contact us for a free, no-obligation consultation.

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