DC Estate Tax Portability & Marital Deduction

No portability, and no separate DC-only QTIP election — DC keeps the marital side of this tax tied closely to federal rules.

D.C. Code §47-3702

Quick answer: no portability, and no separate DC-only QTIP mechanism — DC's marital deduction simply follows the federal rules. Run your own numbers in the DC estate tax calculator.

One exclusion per spouse, confirmed directly

Confirmed current: the estate tax exemption in DC is not portable between spouses; when the second of two spouses dies, that person can only apply his or her own exemption, not that plus the exemption the deceased partner was entitled to. If the first spouse to die leaves everything outright to the survivor without any planning, that spouse's own exclusion goes entirely unused.

No separate DC QTIP, unlike several other states

Several other states with an estate tax — Maine, Minnesota, Illinois, Connecticut, and Rhode Island among them — let an executor make a state-only QTIP election independent of the federal one. DC doesn't offer a comparable, separately documented mechanism: its taxable estate generally follows the federal taxable estate, which already reflects whatever marital deduction was elected on the federal return.

The marital deduction itself still applies

Property passing to a surviving spouse still qualifies for the marital deduction the same way it does federally, reducing the taxable estate at the first death. There's simply no additional, DC-specific dollar cap or separate election layered on top of the federal treatment.

The standard workaround: bypass trust planning

Because there's no portability, DC couples typically rely on a credit shelter (bypass) trust to make sure the first spouse's own exclusion is actually used at the first death, rather than passing everything outright to the survivor and losing it entirely.

Facing probate in Washington DC?

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

Talk to a Washington DC attorney

See the full threshold and rate breakdown for how the banded schedule applies once an estate exceeds its own exclusion.

Portability & marital deduction — frequently asked questions

Does DC offer estate tax portability between spouses?

No. Each spouse has one exclusion, and if the second of two spouses dies, that person can only apply their own exclusion, not any unused amount from the first spouse to die.

Is there a DC-only QTIP election, separate from the federal one?

No published DC-specific QTIP mechanism exists comparable to the ones several other states offer — DC's taxable estate calculation generally follows the federal taxable estate, which already reflects whatever marital deduction was elected federally.

How much can pass to a surviving spouse tax free in DC?

Property passing to a surviving spouse qualifies for the marital deduction the same way it does federally, with no separate DC-specific dollar cap on the deduction itself.

What do DC couples typically use instead of portability?

Credit shelter (bypass) trust planning, so that the first spouse's own exclusion is actually used at the first death rather than passing everything outright to the survivor and losing it.

Does Washington DC allow estate tax portability between spouses?

No portability, and no separate DC-only QTIP mechanism — DC's marital deduction simply follows the federal rules.

This page provides general guidance only and is not legal or tax advice. Based on D.C. Code §47-3702. Confirm current figures and planning options with the DC Office of Tax and Revenue or a licensed estate planning attorney before acting.