Tex. Prop. Code § 112.078 · Subchapter D. DISTRIBUTION OF TRUST PRINCIPAL IN FURTHER TRUST
COURT-ORDERED DISTRIBUTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) An authorized trustee may petition a court to order a distribution under this subchapter.
(b) If the authorized trustee receives a written objection to a distribution under this subchapter from a beneficiary before the proposed effective date of the distribution specified in the notice provided to the beneficiary under Section 112.074, the trustee or the beneficiary may petition a court to approve, modify, or deny the exercise of the trustee's power to make a distribution under this subchapter.
(c) If the authorized trustee receives a written objection to the distribution from the attorney general not later than the 30th day after the date the notice required by Section 112.074 was received by the attorney general, the trustee may not make a distribution under Section 112.072 or 112.073 without petitioning a court to approve or modify the exercise of the trustee's power to make a distribution under this subchapter.
(d) In a judicial proceeding under this section, the authorized trustee may present the trustee's reasons for supporting or opposing a proposed distribution, including whether the trustee believes the distribution would enable the trustee to better carry out the purposes of the trust.
(e) The authorized trustee has the burden of proving that the proposed distribution furthers the purposes of the trust, is in accordance with the terms of the trust, and is in the interests of the beneficiaries.
(f) This section does not limit a beneficiary's right to bring an action against a trustee for a breach of trust.
Notes and commentary — not statutory text
History
Added by Acts 2013, 83rd Leg., R.S., Ch. 699 (H.B. 2913), Sec. 3, eff. September 1, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 62 (S.B. 617), Sec. 10, eff. September 1, 2017.
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 1436ba3e6243f83309b31176bb42e71a83b4f217962a06ab98303d44c1b16fb2
- 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.
Property Code
- Tex. Prop. Code § 112.072DISTRIBUTION TO SECOND TRUST: TRUSTEE WITH FULL DISCRETION.Printed as Section 112.072 or 112.073
- Tex. Prop. Code § 112.073DISTRIBUTION TO SECOND TRUST: TRUSTEE WITH LIMITED DISCRETION.Printed as Section 112.072 or 112.073
- Tex. Prop. Code § 112.074NOTICE REQUIRED.Printed as Section 112.074
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.