Section 6. (a) The tax imposed by this chapter shall be paid by the executor. The term ''executor'', wherever used in this chapter, means the executor or administrator of the decedent, or, if there is no executor or administrator appointed, qualified and acting within the commonwealth, then any person in actual or constructive possession of any property of the decedent. The probate court may authorize an executor to sell so much of the property of the estate as will enable him to pay such tax in the same manner as it may authorize him to sell such property for the payment of debts.
(b) No final account of an executor of any estate shall be allowed by the probate court unless and until the executor shall have filed in the probate court a certificate of the commissioner showing either that the amount of the tax has been paid, that payment thereof has been secured as provided in section ten, or that no tax is due. For dates of death on or after January 1, 1997, said certificate of the commissioner shall not be required.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 65c - Massachusetts Estate Tax
Section 2 - Computation of Estate Tax
Section 2a - Transfer of Estate and Real Property; Tax
Section 3 - Exemption and Deductions
Section 3a - Qualified Terminable Interest Property
Section 4 - Nonresident Decedents; Tax on Certain Property Located in Commonwealth
Section 4a - Generation-Skipping Transfers
Section 5 - Valuation; Gross Estate
Section 6 - Executor's Liability for Tax
Section 7 - Discharge of Executor's Personal Liability
Section 8 - Records, Statements and Returns; Rules and Regulations
Section 10 - Extension of Due Date for Payment of Tax
Section 13 - Fraudulent Underpayment; Penalty
Section 14 - Lien for Unpaid Tax; Liability for Delinquent Tax; Release or Discharge of Lien
Section 15 - Assessment of Tax on Decedent's Transferee
Section 16 - Executor; Fiduciaries; Assumption of Powers and Duties
Section 21 - Death Taxes of Nonresident Decedent; Proof of Payment; Filing
Section 24 - Documents; Issuance; Fees
Section 26 - Tax Evasion; Penalties
Section 27 - Willful Failure to Pay Tax or Provide Information; Penalties