A credit shelter trust, a bypass or exemption trust, is a type of trust used in estate planning to reduce the amount of federal or Washington estate tax owed by a deceased person’s estate.
Washington state has a state-level estate tax with an exemption amount of $2,193,000 per person (as of 2023). The federal estate tax has an exemption amount of $12.92 million per person (as of 2023).
For discussion purposes, I want to focus on using a Washington credit shelter trust to fully use a deceased person’s Washington estate tax exemption amount.
Here’s how it works in simple terms:
- The deceased person’s assets are placed into the credit shelter trust up to the full $2,193,000 value.
- The trust is set up so that the surviving spouse can use the assets and income generated by the trust, but they do not technically own the assets.
- Upon the surviving spouse’s death, the assets in the credit shelter trust are not included in their taxable estate.
By using a Washington credit shelter trust, a married couple can take advantage of both of their Washington estate tax exemptions, which can result in significant tax savings for their heirs.