Estate Tax Returns in Texas: A Guide for Executors

A loved one’s passing brings sorrow. But being an executor of their estate adds a new burden. In Texas, it is vital to know the legal duties, including the filing of a tax return. This guide will explain the estate tax return requirements in Texas, when to file, what the estate includes for tax purposes, and the deadlines.

Estate Value

Determining if a tax return is necessary begins with the estate’s value. This value includes the deceased’s property and assets at death, minus any debts. This includes real estate, bank accounts, stocks, bonds, and personal property.

The federal estate tax exemption for 2021 and 2022 is $11.7 million. If the estate is less than this amount, no tax return is needed. But if the value exceeds the exemption, a tax return must be filed with the Texas Comptroller of Public Accounts.

Texas Estate Tax

Texas has no state estate tax. So, no state return is necessary. But if the estate exceeds the federal exemption, a federal estate tax return (Form 706) may still need to be filed with the IRS.


The deadline for filing a tax return in Texas is 9 months after the death. If more time is needed, a request can be made to the Comptroller or the IRS.

Estate for Tax Purposes

For tax purposes, the estate includes all property and assets the deceased owned at death, regardless of who is named as the beneficiary. This includes real estate, bank accounts, stocks, bonds, and personal property.

It’s important to note that some assets may have different tax treatment. Retirement accounts, life insurance proceeds, and annuities, for example, may have different tax implications and should be evaluated when determining the estate’s value.

The Takeaway

In conclusion, as an executor in Texas, it’s important to understand the tax return requirements. Determine the estate’s value, if a return is necessary, and meet the deadlines. If uncertain, seek guidance from a probate attorney.

Do you need help with a probate matter in Austin or the surrounding area?  We are Austin probate attorneys.  We help clients navigate the probate process.   Call today for a free confidential consultation, 512-273-7444.

Our Austin Probate Attorneys provide a full range of probate services to our clients, including helping with probate disputes. Affordable rates, fixed fees, and payment plans are available. We provide step-by-step instructions, guidance, checklists, and more for completing the probate process. We have years of combined experience we can use to support and guide you with probate and estate matters. Call us today for a FREE attorney consultation.


The content of this website is for informational purposes only and should not be construed as legal advice. The information presented may not apply to your situation and should not be acted upon without consulting a qualified probate attorney. We encourage you to seek the advice of a competent attorney with any legal questions you may have.

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