Vermont Estate Tax:
What Every $5M+ Household Needs to Know
A plain-language guide for families, financial advisors, and estate planning attorneys
Law effective January 2011 · Last reviewed June 2026
The short version: Vermont has its own estate tax — separate from the federal system. The exemption is $5,000,000 per person (not indexed to inflation). Taxable amounts above the exemption are taxed at rates up to 16%. Without bypass trust planning, a married couple can forfeit one spouse's exemption entirely.
1. The basics: what is the Vermont estate tax?
When a Vermont resident dies, the state taxes the right to transfer property. Homes, investment accounts, businesses, and retirement assets all count toward the gross estate. The tax is generally paid by the estate before distributions pass to heirs.
This is separate from the federal estate tax. Most households will never owe federal estate tax at current exemption levels — but Vermont's $5,000,000 exemption creates real exposure for households in the $2M–$15M range, which is where most financial advisors and estate attorneys focus.
2. The rate schedule
The tax is graduated on the taxable estate (gross estate minus deductions and the $5,000,000 exemption). Rates below apply to amounts above the exemption.
| Taxable estate (amount above exemption) | Rate | Base tax at bracket floor |
|---|---|---|
| $0+ | 16% | $0 |
3. What happens without planning?
A $10M Vermont estate without bypass trust planning uses only one $5M exemption at the second death — $5M taxed at 16%.
Everything passes outright to survivor, then to heirs
When the first spouse dies, assets pass to the survivor under the marital deduction — often no immediate tax. When the survivor dies, the full combined estate faces a single $5,000,000 exemption.
Estate value:
Vermont tax due:
Paid by the estate before heirs receive anything.
Each spouse's exemption is preserved and used
At the first death, an amount equal to the exemption funds a bypass (credit shelter) trust. The survivor can benefit during life; trust assets are sheltered at the second death.
Vermont tax due:
Both exemptions used. Full estate passes to heirs free of Vermont estate tax.
Important: the federal exemption does not eliminate state exposure. Many families assume that because their estate is below the federal threshold, they have no estate tax risk. Vermont's $5,000,000 exemption is a completely separate calculation (no spousal portability — both exemptions require trust planning).
4. What is a bypass trust, and how does it work?
A bypass trust — also called a credit shelter trust, family trust, or "B trust" in the traditional A-B trust structure — is the primary tool for making sure both spouses' Vermont estate tax exemptions get used when portability is unavailable or not elected.
The unlimited marital deduction means assets can pass freely between spouses with no immediate estate tax — but it means the first spouse's exemption often goes unused. When the surviving spouse dies with the entire combined estate, only one exemption may remain.
A bypass trust directs an amount equal to the available exemption into a trust at the first death rather than passing outright to the survivor. The survivor can still benefit from trust assets, but those assets are generally not included in the survivor's taxable estate.
How a bypass trust splits a $10M estate at first death
The bypass trust is well-established planning — not aggressive or exotic. An estate planning attorney drafts the trust documents; the financial advisor helps ensure assets are titled correctly so the trust actually gets funded at death.
5. Vermont-specific planning considerations
Flat top rate: Vermont applies a flat 16% rate on the entire taxable estate above the exemption.
Frozen exemption: The $5M exemption has not been indexed to inflation.
6. What should you do now?
If a household's combined net worth is above $5M — or approaching it when accounting for home appreciation and retirement accounts — start with these questions:
Do you have a trust document? A will alone does not accomplish the bypass trust strategy. The trust must exist before the first death, and assets must be titled correctly to fund it.
Has your plan been reviewed recently? Vermont estate tax law can change — verify your plan reflects current exemption amounts and rate schedules.
How are your assets titled? Joint tenancy, community property, and tenancy in common all have different consequences at death. Title structure determines what can flow into the bypass trust.
Who are your beneficiaries? Beneficiary designations on retirement accounts, life insurance, and transfer-on-death accounts override the will and trust — review them with your overall plan.
What is the liquidity picture? Estate taxes are generally due within months of death. Illiquid estates may force asset sales under time pressure.
Data current as of June 2026. Vermont estate tax law can change — verify with a qualified estate planning attorney.
About this guide: This document is prepared by My Wealth Maps, an estate planning intelligence platform for households in the $2 million to $30 million range. My Wealth Maps provides estate readiness scoring, state and federal estate tax analysis, and collaborative planning tools for financial advisors and estate planning attorneys. This guide is for educational purposes only and does not constitute legal or tax advice.