Maine Estate Tax Portability & Marital Deduction

No portability — but a Maine-only QTIP election that fills a similar role, sized precisely to the gap between the two exclusions.

36 M.R.S. §4102; Form 706ME instructions

Quick answer: no portability, but Maine's own QTIP election gives married couples a real, separate planning tool. Run your own numbers in the Maine estate tax calculator.

Each spouse's exclusion stands alone

Maine does not let a surviving spouse add a deceased spouse's unused exclusion to their own. If the first spouse to die leaves everything outright to the survivor without any planning, that spouse's own $7,160,000 exclusion goes entirely unused, with no way to recover it later.

The Maine QTIP election, confirmed directly by the state

Sized precisely to the federal-state gap

That $7,840,000 ceiling isn't arbitrary — it's exactly the difference between the federal exclusion amount (net of any deceased spousal unused exclusion the decedent already used) and Maine's own exclusion. The election lets qualifying property defer Maine tax until the surviving spouse's own death, functionally covering the exact gap between the two systems.

The deferred property resurfaces at the second death

Property covered by a Maine QTIP election isn't exempt forever — when the surviving spouse later dies, their own Maine estate tax return must include the current value of that property, called Maine elective property, regardless of where it's located or what type of property it is.

Facing probate in Maine?

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

Talk to a Maine attorney

A Maine QTIP election can't include anything that's already includible as a taxable gift on the federal return, and the maximum figure changes every year along with both exclusion amounts — have a Maine attorney confirm the current-year limit before relying on it.

Portability & marital deduction — frequently asked questions

Does Maine offer estate tax portability between spouses?

No. Each spouse has their own exclusion, and there's no mechanism to carry a deceased spouse's unused exclusion forward to the survivor.

What is the Maine QTIP election?

A deduction for assets eligible for the federal QTIP election under IRC section 2056(b)(7), when that election isn't made for federal estate tax purposes — entering an amount on the Maine return constitutes a separate, Maine-only QTIP election.

What is the maximum Maine QTIP election for 2026?

$7,840,000 — the difference between the federal exclusion amount ($15,000,000, net of any deceased spousal unused exclusion already used) and the Maine exclusion amount ($7,160,000).

What happens to Maine QTIP property when the surviving spouse later dies?

The surviving spouse's own Maine estate tax return must include the remaining value of that property, referred to as Maine elective property, regardless of its location or whether it's tangible or intangible.

This page provides general guidance only and is not legal or tax advice. Based on 36 M.R.S. §4102 and Maine Revenue Services' Form 706ME instructions. Confirm current figures and planning options with Maine Revenue Services or a licensed estate planning attorney before acting.