Maryland · Estate Tax

Maryland Estate
Tax Calculator

Estimate estate tax liability using Maryland's exemption thresholds and rates.

6 min readReviewed by the Made for Law editorial team
MD
Maryland
YesState Estate Tax
$5,000,000State Exemption
24Counties
Free tool

Estimate your Maryland Estate Tax

Estimate estate tax liability using Maryland's exemption thresholds and rates.

· Data sourced from Maryland statutes and court fee schedules.

Important: This tool provides educational estimates only — not legal advice. Made For Law is not a law firm and is not affiliated with, endorsed by, or connected to any federal, state, county, or local government agency or court system. Calculator results are based on statutory formulas and publicly available fee schedules — not AI. Supporting content is AI-assisted and editorially reviewed. Results may not reflect recent legislative changes or your specific circumstances. Do not rely solely on these estimates — always verify with official sources and consult a licensed attorney before making legal or financial decisions. Full disclaimer

Quick answer

Maryland imposes a state estate tax with a $5,000,000 exemption (MD Est. & Trusts § 7-601).

Key Takeaways

  • Maryland imposes a state-level estate tax with an exemption of $5,000,000
  • Estates above the exemption threshold must file a Maryland estate tax return in addition to any federal return
  • Executor and attorney fees follow a statutory percentage schedule, which is deductible as an administration expense on the estate tax return
  • Estates under $50,000 may qualify for simplified procedures and are unlikely to face estate tax liability
Maryland at a glance

Key facts for Maryland estate tax

State Estate Tax
Yes
State Estate Tax
State Exemption
$5,000,000
State Exemption
Counties
24
Counties
In depth

What drives estate tax in Maryland

Art collection requiring estate tax valuation — Maryland
Estate Tax Estimator — Maryland

Estate Tax in Maryland

Maryland is one of only two jurisdictions (along with New Jersey historically) that imposes both an estate tax and an inheritance tax. The estate tax exemption is **$5 million**, with graduated rates up to 16% on taxable amounts.

The inheritance tax is a flat 10% on assets passing to non-exempt beneficiaries — spouses, parents, children, grandchildren, and siblings are exempt from the inheritance tax.

This dual-tax structure means Maryland estates can face two separate state-level transfer taxes on the same assets, though a credit mechanism partially offsets the overlap. The interplay between the estate tax and inheritance tax requires careful modeling to determine the combined state tax burden.

Federal vs. State Estate Tax

Maryland's **$5 million** exemption is well below the federal $15 million threshold, creating a wide band of estates that owe state but not federal estate tax. Maryland does allow portability of the state estate tax exemption between spouses — an important distinction from most other estate-tax states.

The surviving spouse can claim the deceased spouse's unused Maryland exemption by filing a timely Maryland estate tax return.

Maryland's inheritance tax operates entirely separately from both the federal estate tax and the Maryland estate tax. It is based on the relationship between the decedent and each beneficiary, not the total estate size.

Bequests to a niece, nephew, friend, or unmarried partner trigger the 10% inheritance tax regardless of estate size.

Large estate property requiring tax assessment in Maryland
Maryland estate tax estimator

Maryland-Specific Planning Considerations

Maryland's portability provision for the estate tax exemption simplifies planning for married couples compared to states without portability. However, the inheritance tax adds complexity.

Those with non-exempt beneficiaries (such as unmarried partners, nieces, or nephews) should consider life insurance trusts or other vehicles to fund the inheritance tax obligation without depleting the bequest.

Maryland's proximity to DC and Virginia creates domicile-shopping opportunities. DC imposes a higher estate tax rate (up to 16%) with a lower exemption, while Virginia imposes no state estate or inheritance tax.

Those in the DMV region routinely analyze the net tax impact of domicile changes for high-net-worth families.

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Maryland's dual-tax system requires careful calculation. Use this estimator to model both the estate tax and the inheritance tax impact for different beneficiary classes.

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How Federal and Maryland Estate Taxes Interact

Maryland residents with taxable estates face a two-layer system: the federal estate tax (exemption of $15 million in 2025, top rate of 40%) and the Maryland estate tax (exemption of $5 million). The gap between these exemptions creates a range where only the state tax applies.

An estate valued at $8 million, for example, may owe Maryland estate tax while owing nothing at the federal level.

The federal return (Form 706) allows a deduction for state estate taxes paid, which partially offsets the double-taxation effect but does not eliminate it. The state tax is deductible on the federal return as an estate administration expense or under the state death tax credit rules, depending on the estate's circumstances.

The net result is that combined effective rates in Maryland can exceed 45% on estates large enough to trigger both layers.

Planning for this interaction requires modeling both taxes simultaneously. Strategies that reduce the Maryland taxable estate — such as lifetime gifts, charitable bequests, and irrevocable trusts — may also reduce federal exposure, but the relative benefit depends on where the estate falls within each jurisdiction's rate brackets.

Use our Maryland estate tax calculator to model both layers side by side, and check the Maryland probate cost calculator to estimate administration expenses.

High-net-worth lifestyle assets in estate in Maryland
Estate Tax Estimator resources — Maryland

Portability and Bypass Trusts in Maryland

Federal law permits a surviving spouse to use the deceased spouse's unused exclusion (DSUE) — commonly called portability — by timely filing Form 706 for the first-to-die spouse. This allows married couples to shelter up to $30 million federally without trust-based planning.

However, most estate-tax states, including Maryland, do not offer portability of the state exemption.

This asymmetry makes bypass trusts (also called credit shelter trusts or B trusts) essential in Maryland. At the first spouse's death, funding a bypass trust up to the Maryland exemption amount preserves that exemption for state tax purposes.

Without the trust, the unlimited marital deduction passes everything to the surviving spouse tax-free at the first death — but the surviving spouse's estate then has only one Maryland exemption, effectively wasting the first spouse's.

The bypass trust should be sized carefully. Overfunding it beyond the Maryland exemption wastes the marital deduction benefit; underfunding it fails to capture the full state exemption.

For married couples with estates above $5 million but below $15 million, the bypass trust is the single most impactful planning tool available. Review your plan with the Maryland estate tax estimator, and use the executor fee calculator to account for administration costs in your projections.

Estate Tax Planning Strategies for Maryland

The $5 million Maryland exemption establishes a lower threshold than the federal exemption, making proactive estate reduction strategies more urgent. Irrevocable trusts are the primary vehicle: irrevocable life insurance trusts (ILITs) remove life insurance proceeds from the taxable estate, spousal lifetime access trusts (SLATs) allow married couples to remove assets while retaining indirect access, and qualified personal residence trusts (QPRTs) transfer a home at a discounted gift tax value.

Annual exclusion gifting — currently $19,000 per recipient (2025) — reduces the taxable estate dollar-for-dollar without consuming the lifetime gift exemption. For Maryland residents near the $5 million threshold, a sustained gifting program over several years can bring the estate below the state exemption entirely.

Charitable remainder trusts (CRTs) and charitable lead trusts (CLTs) offer additional reduction while generating income tax deductions.

GRATs (grantor retained annuity trusts) are particularly effective in low-interest-rate environments, transferring asset appreciation to beneficiaries with minimal or zero gift tax cost. For Maryland business owners, entity-level planning — family limited partnerships, LLCs with valuation discounts, and buy-sell agreements — can reduce the reportable value of closely held interests for both state and federal purposes.

Compare strategies using the Maryland estate tax calculator or find a Maryland estate planning attorney.

Frequently asked

Questions families ask about Maryland estate tax

Edited and reviewed by our editorial team. Answers are general information — not legal advice.

What is the estate tax threshold in Maryland?

Maryland imposes a state estate tax on estates exceeding $5 million. This is separate from the federal estate tax exemption of $15 million (2025). Estates above the Maryland threshold must file a state estate tax return and pay any tax due, even if no federal estate tax is owed.

Who pays estate tax in Maryland?

The estate itself — not individual beneficiaries — is responsible for paying Maryland estate tax. The personal representative or executor files the return and pays the tax from estate assets before distributions to beneficiaries. In practice, this reduces the amount available for inheritance.

How do state and federal estate taxes interact in Maryland?

The federal and Maryland estate taxes are computed independently using separate exemptions and rate schedules. State estate tax paid is generally deductible on the federal return. Estates between $5 million and $15 million owe only Maryland tax; estates above $15 million owe both.

Can estate tax be avoided in Maryland?

Legitimate strategies include lifetime gifting, irrevocable trusts, charitable deductions, and bypass trusts for married couples. These tools can reduce the taxable estate below the $5 million threshold. Changing domicile to a non-estate-tax state is another approach, though it requires genuine relocation and consistent domicile indicators. Note that estate tax is distinct from inheritance tax — see the inheritance tax overview to understand both transfer taxes.

What is the estate tax filing deadline in Maryland?

Maryland estate tax returns are generally due nine months after the date of death, aligning with the federal Form 706 deadline. Extensions may be available for filing (not payment) by submitting a timely request. Late filing penalties and interest accrue on unpaid balances from the original due date.

Does Maryland have a marital deduction?

Yes. Like the federal estate tax, Maryland provides an unlimited marital deduction for property passing to a surviving spouse who is a U.S. citizen. This defers — but does not eliminate — estate tax until the surviving spouse's death. Proper planning ensures both spouses' exemptions are preserved through bypass trusts or other vehicles.

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Key statutes: MD Est. & Trusts § 7-601

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Legal information, not legal advice. The Estate Tax Estimator for Maryland produces estimates based on public fee schedules and state statutes. Actual costs vary by case. For advice about your situation, consult a licensed Maryland attorney.

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