Tex. Prop. Code § 121.052 · Subchapter B. DEATH BENEFITS UNDER EMPLOYEES' TRUSTS
PAYMENT OF DEATH BENEFIT TO TRUSTEE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A death benefit is payable to a trustee of a trust evidenced by a written instrument or declaration existing on the date of an employee's or participant's death, or to a trustee named or to be named as trustee of a trust created under an employee's or participant's will, if the trustee is designated as beneficiary under the plan containing the employees' trust or under the retirement account.
(b) A trustee of a testamentary trust may be designated under Subsection (a) prior to the execution of the will.
(c) A death benefit under a will is not payable until the will is probated.
(d) The trustee shall hold, administer, and dispose of a death benefit payable under this section in accordance with the terms of the trust on the date of the employee's death.
(e) A death benefit is payable to a trustee of a trust created by the will of a person other than the employee if:
(1) the will has been probated at the time of the employee's death; and
(2) the death benefit is payable to the trustee to be held, administered, and disposed of in accordance with the terms of the testamentary trust.
Notes and commentary — not statutory text
History
Acts 1983, 68th Leg., p. 3693, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1987, 70th Leg., ch. 741, Sec. 4, eff. Aug. 31, 1987.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.121.htm
- Text hash
- sha256 d4489d2be9a2b991e32f6d15cf029fa1a500eb6f57a1e57b166e30109498afd9
- 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
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.