Texas § 113.085 EXERCISE OF POWERS BY MULTIPLE TRUSTEES.

Texas Statutes

§ 113.085 — EXERCISE OF POWERS BY MULTIPLE TRUSTEES.

Texas § 113.085

Code PRProperty Code

This text of Texas § 113.085 (EXERCISE OF POWERS BY MULTIPLE TRUSTEES.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Property Code Code Ann. § 113.085 (2026).

Text

Sec. 113.085. EXERCISE OF POWERS BY MULTIPLE TRUSTEES.

(a)Cotrustees may act by majority decision.

(b)If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust.

(c)A cotrustee shall participate in the performance of a trustee's function unless the cotrustee:

(1)is unavailable to perform the function because of absence, illness, suspension under this code or other law, disqualification, if any, under this code, disqualification under other law, or other temporary incapacity; or

(2)has delegated the performance of the function to another trustee in accordance with the terms of the trust or applicable law, has communicated the delegation to all other cotrustees, and has filed the delegation in the records of the trust.

(d)If a cotrustee is unavailable to par

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Sec. 113.085. EXERCISE OF POWERS BY MULTIPLE TRUSTEES. (a) Cotrustees may act by majority decision.
(b) If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust.
(c) A cotrustee shall participate in the performance of a trustee's function unless the cotrustee:
(1) is unavailable to perform the function because of absence, illness, suspension under this code or other law, disqualification, if any, under this code, disqualification under other law, or other temporary incapacity; or
(2) has delegated the performance of the function to another trustee in accordance with the terms of the trust or applicable law, has communicated the delegation to all other cotrustees, and has filed the delegation in the records of the trust.
(d) If a cotrustee is unavailable to participate in the performance of a trustee's function for a reason described by Subsection (c)(1) and prompt action is necessary to achieve the efficient administration or purposes of the trust or to avoid injury to the trust property or a beneficiary, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.
(e) A trustee may delegate to a cotrustee the performance of a trustee's function unless the settlor specifically directs that the function be performed jointly. Unless a cotrustee's delegation under this subsection is irrevocable, the cotrustee making the delegation may revoke the delegation.
SUBCHAPTER E. ACCOUNTING BY TRUSTEE

Kenneth L. Berry, Individually Kenneth L. Berry, as Trustee of the Berry Dynasty Trust Kenneth L. Berry, Trustee in a Derivative Capacity for Flying Bull Ranch, Ltd. And Chelsea Nichole Briers v. Dennis W. Berry Marvin G. Berry Allen L. Berry Fb Ranch, LLC Berry Gp, Inc. D/B/A Berry Contracting, Inc. Berry Contracting, Lp D/B/A Bay, Ltd. And Berry Ranches, Llc

(Texas Supreme Court, 2022)

in Re Daniel W. Warren, Beneficiary of the Daniel Steven Weiner 1996 Trust

(Court of Appeals of Texas, 2015)

Sarah W. Elliott, as Joint Successor Trustee of the Glen L Weatherman and Mildred S. Weatherman Revocable Living Trust And Margaret W. Clem, as Joint Successor Trustee of the Glen L. Weatherman and Mildred S. Weatherman Revocable Living Trust v. Jerald G. Weatherman, Individually and Jerald G. Weatherman, as Joint Successor Trustee of the Glen L. Weatherman and Mildred S. Weatherman Revocable Living Trust

(Court of Appeals of Texas, 2013)

Legislative History

Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984. Amended by: Acts 2005, 79th Leg., Ch. 148 (H.B. 1190 ), Sec. 17, eff. January 1, 2006. Acts 2007, 80th Leg., R.S., Ch. 451 (H.B. 564 ), Sec. 7, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 973 (H.B. 3635 ), Sec. 1, eff. September 1, 2009.