Maryland vs Federal Estate Tax: Why You Might Still Owe

The federal exemption is roughly $15 million. Maryland's is $5 million — a third of that, with its own separate calculation.

Tax-General §7-309(b)(3)

Quick answer: yes — an estate can owe zero federal estate tax and still owe real money to Maryland, because the exemptions sit a third apart. Run your own numbers in the Maryland estate tax calculator.

Two exemptions, a third apart

The federal estate tax exemption sits at roughly $15,000,000 per individual for 2026. Maryland's own exemption is fixed at $5,000,000 — about a third of the federal line. Any estate between those two numbers owes nothing federally but can face a genuine Maryland tax bill of up to 16% on the excess.

The two calculations don't interact

Straight from the statute: the Maryland estate tax "shall be determined without regard to any deduction for State death taxes allowed under §2058 of the Internal Revenue Code" — Maryland's own §7-309(b)(3) makes clear the state calculation runs independently of federal deductions.

A federal deduction still matters at the estate level

While it doesn't change how Maryland's own tax is computed, Maryland estate tax actually paid is generally deductible on the federal Form 706 as a state death tax under separate federal rules — relevant once an estate is large enough to owe both taxes at once.

Facing probate in Maryland?

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

Talk to a Maryland attorney

See the full threshold and rate breakdown for exactly how the 16% figure gets computed on Form MET-1.

State vs federal — frequently asked questions

How much lower is Maryland's exemption than the federal one?

Maryland's exemption is $5,000,000 per person, compared to a federal exemption of roughly $15,000,000 — about a third of the federal line.

Can an estate owe Maryland tax but zero federal tax?

Yes, routinely. Any estate between $5,000,000 and $15,000,000 owes no federal estate tax at all, but can still owe a genuine Maryland estate tax bill of up to 16% on the excess.

Does the federal deduction for state estate taxes reduce the amount owed?

For a Maryland estate tax return, no — the Maryland estate tax is determined without regard to any deduction for state death taxes allowed under IRC §2058, so the two calculations run independently.

Why does Maryland's federal deduction still matter for the estate overall?

While it doesn't change the Maryland calculation, Maryland estate tax paid is generally deductible on the federal Form 706 as a state death tax under separate federal rules — relevant for estates large enough to owe both taxes.

Can I owe Maryland estate tax even if I owe no federal estate tax?

Yes — an estate can owe zero federal estate tax and still owe real money to Maryland, because the exemptions sit a third apart.

This page provides general guidance only and is not legal or tax advice. Based on Tax-General §7-309(b)(3) and IRS estate and gift tax guidance for 2026. Confirm current figures with the Comptroller of Maryland, the IRS, or a licensed attorney before acting.