Tex.
Prop. Code Section 115.001
Jurisdiction
(a)
Except as provided by Subsection (d) of this section, a district court has original and exclusive jurisdiction over all proceedings by or against a trustee and all proceedings concerning trusts, including proceedings to:(1)
construe a trust instrument;(2)
determine the law applicable to a trust instrument;(3)
appoint or remove a trustee;(4)
determine the powers, responsibilities, duties, and liability of a trustee;(5)
ascertain beneficiaries;(6)
make determinations of fact affecting the administration, distribution, or duration of a trust;(7)
determine a question arising in the administration or distribution of a trust;(8)
relieve a trustee from any or all of the duties, limitations, and restrictions otherwise existing under the terms of the trust instrument or of this subtitle;(9)
require an accounting by a trustee, review trustee fees, and settle interim or final accounts; and(10)
surcharge a trustee.(a-1)
The list of proceedings described by Subsection (a) over which a district court has exclusive and original jurisdiction is not exhaustive. A district court has exclusive and original jurisdiction over a proceeding by or against a trustee or a proceeding concerning a trust under Subsection (a) whether or not the proceeding is listed in Subsection (a).(b)
The district court may exercise the powers of a court of equity in matters pertaining to trusts.(c)
The court may intervene in the administration of a trust to the extent that the court’s jurisdiction is invoked by an interested person or as otherwise provided by law. A trust is not subject to continuing judicial supervision unless the court orders continuing judicial supervision.(d)
The jurisdiction of the district court is exclusive except for jurisdiction conferred by law on:(1)
a statutory probate court;(2)
a court that creates a trust under Subchapter B (Eligibility to Apply for Creation of Trust), Chapter 1301 (Management Trusts), Estates Code;(3)
a court that creates a trust under Section 142.005 (Trust for Property);(4)
a justice court under Chapter 27 (Justice Courts), Government Code; or(5)
a county court at law.
Source:
Section 115.001 — Jurisdiction, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.115.htm#115.001 (accessed Apr. 13, 2024).
