Title 26 › Subtitle B — Estate and Gift Taxes › CHAPTER 11 — ESTATE TAX › Subchapter C — Miscellaneous › § 2205
If someone other than the executor pays estate tax from the part of the estate that goes to them or that they hold, they must be repaid from any part of the estate that has not yet been distributed. They can also get a fair share of repayment from other heirs whose shares would have been smaller if the tax had been paid earlier, or from those equally or more responsible for estate taxes, debts, or charges. The intent is that the estate pay its taxes before it is divided, unless the will says otherwise.
Full Legal Text
Internal Revenue Code, Source: USLM XML via OLRC
Reference
Citation
26 U.S.C. § 2205
Title 26, Internal Revenue Code
Last Updated
Aug 21, 2026
Release point: 119-102