Maryland has its own estate tax, separate from the federal estate tax. Under current law, for deaths in 2020 an estate with a gross value of more than $5 million may owe Maryland estate tax. This threashold amount is much less than the federal estate tax threshold ($11.58 million in 2020), which means that an estate may owe Maryland estate taxes but not federal estate taxes.
Maryland also imposes an inheritance tax. The inheritance tax rate doesn’t depend on how large the estate is; instead, it’s based how closely related you are to the people who inherit from you. The closer the relative, the lower the tax rate.
For deaths in 2020, if you are a Maryland resident, or own valuable property in Maryland, and leave assets with a gross value of more than $5 million, your executor will have to file a state estate tax return. (That doesn’t mean the estate will actually owe tax, as discussed below.)
Your gross estate, for Maryland tax purposes, will include your interest in:
For estate tax purposes, it doesn’t matter whether or not these assets go through probate. So even if you name payable-on-death beneficiaries for your bank accounts, and hold your real estate in a living trust, those assets will be included in your gross estate.
Property left to a surviving spouse is exempt from state estate tax, no matter what the amount. And to determine the amount of your taxable estate, you can deduct many expenses from the gross estate. For deaths in 2020, if the value of the taxable estate is below $5 million, the estate won’t owe any Maryland estate tax.
In 2014, Maryland passed legislation increasing the exemption amount, cutting estate tax for the state's wealthy families. Under that law, the exempt amount increased each year until 2019:
The exemption amount was supposed to become tied to the federal exemption amount in 2019. However, because the federal amount doubled in 2018 (to over $11 million), Maryland chose not to couple its exemption with the federal estate tax and set its exemption to $5 million for 2019 and beyond.
The Maryland Comptroller provides state tax forms and instructions, but preparing an estate tax return (state or federal) is a job for an expert, and your executor will need to hire professional help. The fee, which can be paid from estate assets, will likely by several thousand dollars.
The Maryland estate tax return is due nine months after the death unless the executor requests and receives an extension. If tax is due, it must be paid nine months after the death, whether or not an extension to file is granted, unless the state also authorizes an alternative payment schedule, where payments are temporarily deferred or paid in installments.
Even if the estate isn’t required to file a federal estate tax return, you must complete a federal return and file it with the state return.