Connecticut Estate Tax Portability & Marital Deduction

No portability — and a state-only QTIP election that mattered more before the exemptions lined up.

Conn. Gen. Stat. §12-391(f)

Quick answer: no — Connecticut does not let a surviving spouse add a deceased spouse's unused exemption to their own. Run your own numbers in the Connecticut estate tax calculator.

One exemption per spouse, confirmed directly

A Connecticut-only QTIP election

Conn. Gen. Stat. §12-391(f) lets an executor elect the qualifying income interest for a surviving spouse under IRC section 2056(b)(7) for Connecticut purposes only, regardless of whether the same election is made on the federal return. Property for which this Connecticut-only election is made is included in the decedent's gross estate as if the election had been made federally too, giving planners a genuine tool independent of what happens on the federal side.

Less critical now that the exemptions match

For deaths on or after January 1, 2023, where the Connecticut and federal exemptions are identical, this state-only technique matters less than it once did. But it remains genuinely useful for estates that were planned during the years when the two figures diverged, and as a hedge in case Connecticut's exemption and the federal one drift apart again under future legislation.

Bypass trust planning is still the standard workaround

Because there's no portability, Connecticut couples typically rely on a credit shelter (bypass) trust to make sure each spouse's own exemption actually gets used at the first death, rather than passing everything outright to the survivor and risking one exemption going to waste entirely.

Facing probate in Connecticut?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Connecticut attorney

This planning question is separate from Connecticut's own gift tax — see the threshold and rates guide for how the shared $15,000,000 estate-and-gift-tax cap works.

Portability & marital deduction — frequently asked questions

Does Connecticut offer estate tax portability between spouses?

No. Connecticut does not currently have a portability election that would permit a surviving spouse to claim a deceased spouse's unused exemption.

What is the Connecticut-only QTIP election?

Under Conn. Gen. Stat. 12-391(f), an executor may elect the qualifying income interest for a surviving spouse under IRC section 2056(b)(7) for Connecticut purposes, regardless of whether that same election is made on the federal return.

Is the Connecticut-only QTIP election still useful now that the exemptions match?

It's less relevant for estates fully planned after 2023, but it remains important for estates planned during the years when Connecticut's exemption was lower than the federal one, and as a hedge if the two figures diverge again in the future.

What does Connecticut couples typically do instead of portability?

Bypass (credit shelter) trust planning, so that each spouse's exemption is actually used at the first death rather than passing everything outright to the survivor and risking one exemption going to waste.

This page provides general guidance only and is not legal or tax advice. Based on Conn. Gen. Stat. §12-391(f). Confirm current figures and planning options with the Connecticut Department of Revenue Services or a licensed estate planning attorney before acting.