Tex. Prop. Code § 112.0335 · Subchapter B. VALIDITY
CONSTRUCTION OF CERTAIN TRUSTS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Unless the terms of the trust provide otherwise, if a trust is created and amendable or revocable by the settlor, or by the settlor and the settlor's spouse, Chapter 255, Estates Code, applies at the settlor's death to the construction and interpretation of at-death transfers as if the settlor of the trust is the testator, the beneficiaries of the at-death transfer are devisees, and the at-death transfers are devises.
(b) Section 355.109, Estates Code, applies to the abatement of at-death transfers.
(c) For purposes of this section, "at-death transfer" means a transfer pursuant to the terms of a trust described by Subsection (a) that is intended to take effect or become irrevocable by reason of the settlor's death.
(d) For purposes of the Estates Code provisions specified by this section:
(1) an at-death transfer of specifically identifiable trust property is a specific bequest, devise, or legacy;
(2) an at-death transfer from the general assets of the trust that does not transfer specifically identifiable property is a general bequest, devise, or legacy; and
(3) an at-death transfer of trust property that remains after all specific and general transfers have been satisfied is the residuary estate.
Notes and commentary — not statutory text
History
Added by Acts 2019, 86th Leg., R.S., Ch. 1112 (H.B. 2245), Sec. 2, eff. September 1, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.112.htm
- Text hash
- sha256 7671c0cde4a19725262fe33d8f5d740057d220e5c094a39f48c9b26b05579d83
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.