easement

What is the name of your state (only U.S. law)? ohio
If the executor has water easement on the estate does he have to remove it from estate or pay estate for use of the water, since both parents are deceased?

The easement language controls what is required. Easements run with the land legally described, and rarely contain language that changes obligations if an owner dies. If the easement beneficiary was responsible to pay for water before, they'd remain responsible still, except they'd be paying the estate instead until disposal of the property, at which point they'd pay any successor owner.

An easement beneficiary would not normally have any obligation to extinquish the easement unless there was specific easement language that limited the easement to the lifetime of those now deceased.

ohio, the reason I ask in the executor has the easement of water from his 7 acre property that is at the end of estate but the easement run 2500 feet up through the woods and into a field on the estate if the land gets seperate between the 5 heirs, what becomes of the easement? the executor would only be intitled to 13 acres of the estate as his share but the easement runs through more then his share.

Let's clarify, because you need to seperate land rights from inheritance rights. The fact that he happens to be executor in no way affects existing land rights he may have as either an easement beneficiary or easement grantor.

First: does the decedent's land benefit from an easement across executor's land or is the executor the beneficiary of an easement across the decedent's land?

Second: if land now owned by the estate is subdivided, it is still subject to any prior existing land matters such as easements, right of ways, setbacks, etc., in addition to any state, county and local municipal land division ordinances having to do with access, conservancy, minimum setback requirements, minimum lot sizes, waste disposal requirements (such as if there is a requirement, for example, that each proposed lot pass a perk test for a mound system, and so on. It is not a given that land CAN be divided into the number of lots desired by X number of heirs. They will inherit shares of the undivided land and go from there. If a party (such as the executor) also owns other contiquious land, that would not necessarily have any bearing on what they are entitled to inherit from this estate.

The easement, as stated RUNS WITH THE LAND, and not affected by the health of the easement grantor/beneficiary. He is entitled to the easement, and any future subdividing needs to be based upon not encumbering that easement.