Texas Estates Code

§ 124.014 — RECOVERY OF ESTATE TAX SHARE NOT WITHHELD

ES § 124.014Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part C. PASSAGE OF TITLE AND DISTRIBUTION OF DECEDENTS' PROPERTY IN GENERAL · Ch. 124. VALUATION AND TAXATION OF ESTATE PROPERTY · Art. A. APPORTIONMENT OF TAXES

Statute text

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(a)If property includable in an estate does not come into possession of a representative obligated to pay the estate tax, the representative shall:

(1)recover from each person interested in the estate the amount of the estate tax apportioned to the person under this subchapter; or

(2)assign to persons affected by the tax obligation the representative's right of recovery.

(b)The obligation to recover a tax under Subsection (a) does not apply if:

(1)the duty is waived by the parties affected by the tax obligation or by the instrument under which the representative derives powers; or

(2)in the reasonable judgment of the representative, proceeding to recover the tax is not cost-effective.

Legislative history

Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.