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Start the free role checkKey Texas Trust Code provisions
Transfers fraudulent as to present and future creditors
§ BC.24.005 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Transfers fraudulent as to present creditors
§ BC.24.006 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Protection of homestead from forced or unauthorized sale; exceptions; requirements for mortgage loans and other obligations secured by homestead
§ CN.16.50 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Descent and distribution of homestead; restrictions on partition
§ CN.16.52 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Death tax and tax on transfer of estate, inheritance, legacy, succession, or gift prohibited
§ CN.8.26 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Four-year limitations period
§ CP.16.004 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Accounting
§ ES.404.001 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Exemptions for certain insurance and annuity benefits
§ IN.1108.051 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Exceptions to exemptions
§ IN.1108.053 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Spendthrift trusts
§ PR.112.035 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Rule against perpetuities
§ PR.112.036 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Distribution to second trust: trustee with full discretion
§ PR.112.072 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
General powers
§ PR.113.002 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Employment and appointment of agents
§ PR.113.018 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Distributions generally
§ PR.113.027 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Discretionary powers; tax savings
§ PR.113.029 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
General duty
§ PR.113.051 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Demand for accounting
§ PR.113.151 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Contents of accounting
§ PR.113.152 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Directed trusts; advisors
§ PR.114.0031 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Liability of trust property
§ PR.114.0821 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Minerals, water, and other natural resources
§ PR.116.174 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Prudent investor rule
§ PR.117.003 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Standard of care; portfolio strategy; risk and return objectives
§ PR.117.004 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Duties at inception of trusteeship
§ PR.117.006 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Loyalty
§ PR.117.007 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Impartiality
§ PR.117.008 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Delegation of investment and management functions
§ PR.117.011 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Additional exemption for certain savings plans
§ PR.42.0021 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Transfer of nonexempt property
§ PR.42.004 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Residence homestead
§ TX.11.13 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Texas trustee deadlines: what the statutes provide
Reviewed against the Texas Statutes on 2026-10-04. General information, not legal advice; the official text controls.
| When | Timing | What the statute provides | To whom | Statute |
|---|---|---|---|---|
| You are named successor trustee | No fixed clock. Signing the trust instrument or a separate written acceptance is conclusive; exercising powers or performing duties is presumptive evidence of acceptance, with the exceptions the section states. | Decide whether to accept the trusteeship — in writing, or by taking up the trustee's work. | — | Prop. Code §112.009 ↗ |
| You accept, or trust assets come to you | Within a reasonable time; the statute gives no day-count. | Review the trust's assets and decide which to keep and which to dispose of, under the prudent investor rule. | — | Prop. Code §117.006 ↗ |
| You accept | At once and throughout; no day-count. | Administer the trust in good faith according to its terms and the Texas Trust Code — and, where the terms are silent, the duties the common law imposes. | — | Prop. Code §113.051 ↗ |
| A beneficiary asks about the trust | No fixed clock. For a beneficiary of an irrevocable trust who is 25 or older, the trust's terms cannot limit the duty. | Keep the beneficiaries reasonably informed about the administration — a common-law duty the statute protects. | The beneficiaries | Prop. Code §111.0035(c) ↗ |
| A beneficiary's written demand for an accounting is received | On or before the 90th day after the trustee receives the demand, or a longer period a court orders; after that a beneficiary may sue to compel it. Not more than once every 12 months unless a court orders otherwise. | Deliver a written statement of accounts covering the period since the last accounting or, for the first, since the trust was created. | The beneficiary who demanded it | Prop. Code §113.151 ↗ |
| The trust becomes irrevocable | Before the trust receives income or files under its own number. | Obtain the trust's employer identification number; a revocable trust used the settlor's Social Security number, and that stops at death. | — | IRS Form SS-4 ↗Federal |
| You propose to distribute to a second trust (decanting) | Written notice at least 30 days before the distribution. | Give the notice the section requires before exercising a decanting power, to the current beneficiaries and the presumptive remainder beneficiaries it names. | The beneficiaries the section names | Prop. Code §112.074 ↗ |
| You propose to divide a trust, or combine trusts | Notice at least 30 days before, as the section provides. | Give notice of a proposed division or combination of trusts to the beneficiaries the section names. | The beneficiaries the section names | Prop. Code §112.057 ↗ |
| The trust's total value falls under $50,000 | After notice to the distributees and permissible distributees; no day-count. | A trustee may terminate a trust the section calls uneconomic, after notice, when its value does not justify the cost of administration. | The distributees and permissible distributees | Prop. Code §112.059 ↗ |
| A terminating event occurs | A reasonable time to wind up; no day-count. | Keep exercising the trustee's powers for the reasonable period needed to wind up the trust and distribute its property. | — | Prop. Code §112.052 ↗ |
| You propose to resign | As the trust's terms provide, or with a court's permission; no day-count. | Resign by the method the trust names, or petition the court for permission to resign. | — | Prop. Code §113.081 ↗ |
| A breach of fiduciary duty occurs | Four years for a suit alleging breach of fiduciary duty, as the limitations statute provides. | The period for a beneficiary's claim. Texas has no limitation notice a trustee can send to shorten it. | — | Civ. Prac. & Rem. Code §16.004(a)(5) ↗ |
| A will is admitted to probate (the related estate) | Notice to the beneficiaries the section names within 60 days after the order; the affidavit or certificate of that notice within 90 days. | The personal representative — not the trustee — gives the beneficiary notice and files proof of it. | The beneficiaries the section names | Est. Code §308.002, §308.004 ↗Related estate |
| Letters are issued to the estate's personal representative | Notice by publication within one month after letters; notice to secured creditors within two months. | When a probate estate is administered, the personal representative gives the creditor notices and claims are presented to the representative; the trust's file records the estate's events and concludes nothing about them. | Creditors | Est. Code §308.051, §308.053 ↗Related estate |
| The personal representative qualifies | Before the 91st day after qualification, unless the court extends it. | The personal representative files the estate's inventory, appraisement and list of claims — the estate's record, kept beside the trust's. | — | Est. Code §309.051 ↗Related estate |
| Fifteen months pass after an independent executor's letters | An interested person may then demand an accounting; the executor has 60 days after the demand to answer. | In an independent administration, the executor's accounting comes on demand, not on a schedule. | The interested person who demands it | Est. Code §404.001 ↗Related estate |
| The decedent dies | A will generally must be offered for probate within four years after death, with the exceptions the section states. | The window for probating a will — a fact the trustee of a related trust records, not a trustee's clock. | — | Est. Code §256.003 ↗Related estate |
| The decedent dies | Nine months after death; a six-month extension is available. | File the federal estate tax return when the gross estate exceeds the filing threshold, or to elect portability for a surviving spouse. Texas has no estate or inheritance tax (Tex. Const. art. VIII, §26). | — | IRS Form 706 ↗Federal |
| The trust's tax year ends | The 15th day of the fourth month after year-end (April 15 for a calendar-year trust). | File the trust's income tax return and issue a Schedule K-1 to each beneficiary who received distributable income. | — | IRS Form 1041 ↗Federal |
This product is not a substitute for the advice of an attorney.
Frequently asked questions
- What are a Texas trustee's main duties?
- Generally, a Texas trustee administers the trust in good faith according to its terms and the Texas Trust Code (Prop. Code §113.051); invests and manages as a prudent investor would (§117.004), with loyalty (§117.007) and impartiality (§117.008); reviews the assets within a reasonable time of taking office (§117.006); keeps the beneficiaries reasonably informed (§111.0035(c)); and answers a written demand for an accounting on or before the 90th day (§113.151). This is general information, not legal advice.
- Does a Texas trustee have to notify the beneficiaries?
- Texas sets no statutory opening notice and no court filing. The duty to keep the beneficiaries reasonably informed is the common law's, which the instrument's terms cannot limit for a beneficiary of an irrevocable trust who is 25 or older (§111.0035(c)); a written demand for an accounting is answered on or before the 90th day (§113.151).
- When should a Texas trustee involve an attorney?
- Texas law does not require one for a trust administration, and the trustee may employ attorneys and other agents and pay them from the trust (§113.018). Many trustees consult a licensed Texas attorney of their choosing before making discretionary distributions (§113.029), paying themselves (§114.061), responding to an estate's creditors (Est. Code chapter 308) or dealing with a homestead (Tex. Const. art. XVI, §52) — and for any contested or fact-specific question.
General information about Texas law, not legal advice.