הטקסט המלא של מדריך זה באנגלית; התקציר שלמעלה בשפתכם. תקצירי החוקים והנוסח האנגלי נשארים המקור המחייב.
נבדק מול חוקי טקסס בתאריך 2026-10-04. מידע כללי, לא ייעוץ משפטי; הנוסח הרשמי קובע.
Chapter 111: General provisions
- §111.0035 ↗ Default and mandatory rules; conflict between terms and statute
- The terms of the trust prevail over the Trust Code, except for the list the section keeps mandatory — among them the duty to answer a §113.151 accounting demand from a current or presumptive remainder beneficiary of an irrevocable trust, and the duty to keep a beneficiary of an irrevocable trust who is 25 or older informed.
- §111.004 ↗ Definitions
- The words the subtitle turns on: settlor, trustee (original, additional or successor), beneficiary, interested person, trust property, express trust and the rest.
Chapter 112: Creation, validity, modification, and termination of trusts
- §112.004 ↗ Statute of frauds
- A trust in real or personal property is enforceable only if its terms are in writing signed by the settlor or the settlor's authorized agent, with the exceptions the section states.
- §112.009 ↗ Acceptance by trustee
- Signing the trust instrument or a separate written acceptance is conclusive evidence of acceptance; exercising powers or performing duties is presumptive evidence, with the exceptions the section states.
- §112.035 ↗ Spendthrift trusts
- A settlor may provide that a beneficiary's interest cannot be voluntarily or involuntarily transferred before payment; a settlor who is also a beneficiary does not get the protection as to that interest, with the section's exceptions.
- §112.036 ↗ Rule against perpetuities
- An interest in a trust whose effective date is on or after September 1, 2021 must vest within the later of 300 years or a life in being plus 21 years, as the section provides.
- §112.051 ↗ Revocation, modification, or amendment by settlor
- A settlor may revoke the trust unless it is irrevocable by the instrument's express terms, and may modify or amend it as the section provides.
- §112.052 ↗ Termination
- A trust terminates as its terms provide; after a terminating event the trustee may keep exercising its powers for the reasonable period needed to wind up and distribute.
- §112.054 ↗ Judicial modification, reformation, or termination of trusts
- A court may modify, reform or terminate a trust on the grounds the section lists, on the petition of a trustee or a beneficiary.
- §112.057 ↗ Division and combination of trusts
- A trustee may divide a trust or combine trusts on the conditions the section states, after the notice it requires.
- §112.059 ↗ Termination of uneconomic trust
- After notice to the distributees and permissible distributees, a trustee may terminate a trust whose total value is under $50,000 when the value does not justify the cost of administration.
- §112.072 ↗ Distribution to second trust: trustee with full discretion
- An authorized trustee with full discretion may distribute trust principal to a second trust within the subchapter's limits (§§112.071–112.087); a trustee with limited discretion follows §112.073.
- §112.074 ↗ Notice required
- Decanting takes written notice at least 30 days before the distribution, to the beneficiaries the section names.
Chapter 113: Administration
- §113.002 ↗ General powers
- A trustee may exercise any power necessary or appropriate to carry out the trust's purposes, subject to the terms (§113.001) and the subtitle.
- §113.018 ↗ Employment and appointment of agents
- A trustee may employ attorneys, accountants, agents and other advisors, and may delegate as the section provides.
- §113.029 ↗ Discretionary powers; tax savings
- A trustee exercises a discretionary power in good faith and according to the trust's terms and purposes, whatever words — "absolute", "sole", "uncontrolled" — the terms use; the section also keeps certain tax-sensitive powers from a trustee who is a beneficiary.
- §113.051 ↗ General duty
- The trustee administers the trust in good faith according to its terms and the subtitle and, absent contrary terms, the duties the common law imposes.
- §113.052 ↗ Loan of trust funds to trustee
- A trustee may not lend trust funds to itself, an affiliate or a relative, with the section's exceptions — the first of the restricted transactions with the trustee.
- §113.081 ↗ Resignation of trustee
- A trustee may resign as the terms provide, or by petitioning a court for permission.
- §113.082 ↗ Removal of trustee
- A trustee may be removed as the terms provide, or by a court on the petition of an interested person on the grounds the section lists.
- §113.085 ↗ Exercise of powers by multiple trustees
- Cotrustees act by majority decision, with the section's rules for a cotrustee who is unavailable or dissents; a cotrustee's liability for the others' acts is §114.006.
- §113.151 ↗ Demand for accounting
- A beneficiary may demand a written statement of accounts; delivery comes on or before the 90th day after the trustee receives the demand, or a court may compel it; not more than once every 12 months unless the court orders otherwise.
- §113.152 ↗ Contents of accounting
- What the statement shows: the trust property on hand, receipts and disbursements, each known liability, and the other items the section lists.
Chapter 114: Liabilities, rights, and remedies of trustees, beneficiaries, and third persons
- §114.001 ↗ Liability of trustee to beneficiary
- A trustee who commits a breach of trust is accountable to the beneficiaries for the loss, depreciation or profit the section describes.
- §114.0031 ↗ Directed trusts; advisors
- Texas's own directed-trust section: an advisor (a protector among them) may hold powers of direction, and the directed trustee's duties, liability and the limits of its duty to monitor follow the section's subsections.
- §114.005 ↗ Release of liability by beneficiary
- A beneficiary's release of a trustee binds only with the full information the section requires.
- §114.006 ↗ Liability of cotrustees for acts of other cotrustees
- When a cotrustee answers for another cotrustee's breach, as the section provides.
- §114.008 ↗ Remedies for breach of trust
- The court's remedies: compelling performance, enjoining a breach, surcharge, removal, an accounting and the others the section lists.
- §114.032 ↗ Liability for written agreements
- A written agreement between a trustee and a beneficiary — a release, a consent, an indemnity — binds on the conditions the section states, including that the beneficiary had full information.
- §114.061 ↗ Compensation
- Unless the terms provide otherwise, a trustee is entitled to reasonable compensation; a court may deny all or part of it for a breach of trust.
- §114.063 ↗ General right to reimbursement
- A trustee may discharge or reimburse trust expenses from trust property, as the section provides.
- §114.064 ↗ Costs
- In a proceeding under the subtitle a court may award costs and reasonable and necessary attorney's fees as it finds equitable and just.
- §114.0821 ↗ Liability of trust property
- Trust property is not liable for the trustee's personal obligations.
- §114.086 ↗ Certification of trust
- Instead of the trust instrument, a trustee may furnish a certification stating the trust's existence and date, the settlor, the trustee and the trustee's powers, as the section lists; a person who relies on it is protected.
Chapter 115: Jurisdiction, venue, and proceedings
- §115.001 ↗ Jurisdiction
- A district court has original and exclusive jurisdiction over proceedings by or against a trustee and proceedings concerning trusts, as the section provides; a statutory probate court shares it where one sits.
- §115.002 ↗ Venue
- Where a trust proceeding is brought — the county of the trustee's residence or of the trust's situs of administration, as the section provides.
- §115.013 ↗ Pleadings and judgments
- How beneficiaries are represented and bound in a trust proceeding — a parent for a minor, a holder of a power of appointment for those subject to it — as the section provides.
Chapter 116: Uniform Principal and Income Act
- §116.004 ↗ Fiduciary duties; general principles
- How a fiduciary allocates receipts and disbursements between principal and income, impartially, when the terms give no direction.
- §116.174 ↗ Minerals, water, and other natural resources
- How receipts from oil, gas and other natural resources are allocated between income and principal — common Texas trust assets.
Chapter 117: Uniform Prudent Investor Act
- §117.003 ↗ Prudent investor rule
- A trustee who invests and manages trust assets owes the beneficiaries the duty to comply with the prudent investor rule, unless the terms alter it.
- §117.004 ↗ Standard of care; portfolio strategy; risk and return objectives
- Invest and manage as a prudent investor would, considering the trust's purposes, terms, distribution requirements and other circumstances; decisions are judged as part of the whole portfolio.
- §117.006 ↗ Duties at inception of trusteeship
- Within a reasonable time after accepting the trusteeship or receiving trust assets, review them and decide on retention and disposition.
- §117.007 ↗ Loyalty
- Invest and manage the trust assets solely in the interest of the beneficiaries.
- §117.008 ↗ Impartiality
- With two or more beneficiaries, act impartially in investing and managing, taking their differing interests into account.
- §117.011 ↗ Delegation of investment and management functions
- A trustee may delegate investment and management functions a prudent trustee of comparable skills could properly delegate, with the care in selecting, instructing and monitoring the agent the section requires.
מידע כללי על חוק טקסס, לא ייעוץ משפטי.