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Under IRS regulations, the executor or administrator of the estate has the duty to pay the taxes.
An executor cannot change beneficiaries' inheritances or withhold their inheritances unless the will has expressly granted them the authority to do so. The executor also cannot stray from the terms of the will or their fiduciary duty.
Executors file this form to report the final estate tax value of property distributed or to be distributed from the estate, if the estate tax return is filed after July 2015. This form, along with a copy of every Schedule A, is used to report values to the IRS.
When filing as an executor of estate, on the Form 1040, include only income and expense items up to the date of death. You'll also file a return for the estate on Form 1041. Include only income and expense items after the date of death.
Even without a statutory guideline on executor fees in Texas, the common understanding among legal professionals suggests that an executor can expect to receive about 2-5% of the estate's value.