Vermont Estate Tax Portability & Marital Deduction

No portability, and no separate state-only QTIP election either — Vermont keeps the marital side of this tax just as simple as the rate itself.

32 V.S.A. §7402, §7442a

Quick answer: no portability, and no separate state-only QTIP either — Vermont simply gives a full, unlimited marital deduction. Run your own numbers in the Vermont estate tax calculator.

One exemption per spouse, no exceptions

Each spouse has their own $5,000,000 exemption. If the first spouse to die leaves everything outright to the survivor without any planning, that spouse's own exemption goes entirely unused, with no way to recover it at the second death.

No separate Vermont QTIP election, unlike several neighbors

Several other states with an estate tax — Maine, Minnesota, Illinois, and Rhode Island among them — let an executor make a state-only QTIP election independent of the federal one. Vermont doesn't work that way: its "Vermont taxable estate" starts directly from the federal taxable estate, which already reflects whatever marital deduction was elected federally. There's no separate Vermont-specific box to check.

A genuinely unlimited marital deduction

Confirmed current: property left to a surviving spouse, no matter the amount, can be deducted from the gross estate — there's no dollar cap on what can pass to a spouse tax free at the first death, the same unlimited marital deduction concept the federal system uses.

The standard workaround: bypass trust planning

Because there's no portability, Vermont couples typically rely on a credit shelter (bypass) trust so that the first spouse's own $5,000,000 exemption is actually used at the first death, rather than passing everything outright to the survivor and losing it. A combined $10,000,000 exposure for a married couple only gets fully sheltered with this kind of planning in place.

Facing probate in Vermont?

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

Talk to a Vermont attorney

See the full threshold and rate breakdown for how the flat 16% rate applies once an estate exceeds its own exemption.

Portability & marital deduction — frequently asked questions

Does Vermont offer estate tax portability between spouses?

No. Each spouse has one $5,000,000 exemption, and any unused portion at the first spouse's death is permanently lost — there's no mechanism to carry it forward to the survivor.

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

No. Unlike several other states, Vermont's taxable estate is derived directly from the federal taxable estate, which already reflects whatever marital deduction and QTIP election was made federally — there's no independent, Vermont-specific election to make.

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

Any amount. Property left to a surviving spouse can be deducted from the gross estate regardless of value, the same unlimited marital deduction concept used at the federal level.

What do Vermont couples typically use instead of portability?

Credit shelter (bypass) trust planning, so that the first spouse's $5,000,000 exemption is actually used at the first death rather than passing everything outright to the survivor and losing it.

This page provides general guidance only and is not legal or tax advice. Based on 32 V.S.A. §7402, §7442a. Confirm current figures and planning options with the Vermont Department of Taxes or a licensed estate planning attorney before acting.