Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
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, Chapter 1301, Estates Code;(3) a court that creates a trust under Section 142.005;(4) a justice court under Chapter 27, Government Code; or(5) a county court at law.Tex. Prop. Code § 115.001
Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 324,Sec. 22.060, eff. 9/1/2017.Amended By Acts 2011, 82nd Leg., R.S., Ch. 657, Sec. 4, eff. 9/1/2011.Amended By Acts 2007, 80th Leg., R.S., Ch. 451, Sec. 11, eff. 9/1/2007.Amended By Acts 2005, 79th Leg., Ch. 148, Sec. 22, eff. 1/1/2006.Amended By Acts 1997, 75th Leg., ch. 1375, Sec. 5, eff. 9/1/1997.Amended by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. 1/1/1984