The legal heirs are responsible for settling the estate tax to transfer the decedent's property legally. Under the TRAIN Law, the estate tax rate is a flat 6% of the net estate.
Each individual has a lifetime exemption from both estate tax and gift tax (see below). This exemption is the value of assets you can give away, throughout your life and after your death, without being subject to federal estate tax. For 2025, this exemption is $13.99 million per person (up from $13.61 million in 2024).
In Texas, executors don't have a legal obligation to probate a will. If they choose not to, they (or another person who has the will) must surrender it to the court clerk.
Another key difference: While there is no federal inheritance tax, there is a federal estate tax. The federal estate tax generally applies to assets over $13.61 million in 2024 and $13.99 million in 2025, and the federal estate tax rate ranges from 18% to 40%.
Fortunately, Texas does not have an estate tax. This means a tax return does not need to be filed with the state. However, estates may still be subject to federal estate tax. The federal estate tax is based on the value of the estate at the time of the owner's death.