Texas § PR.115.001 - JURISDICTION

§ PR.115.001. JURISDICTION

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. Amended by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984; Acts 1997, 75th Leg., ch. 1375, Sec. 5, eff. Sept. 1, 1997. Amended by: Acts 2005, 79th Leg., Ch. 148 (H.B. 1190 ), Sec. 22, eff. January 1, 2006. Acts 2007, 80th Leg., R.S., Ch. 451 (H.B. 564 ), Sec. 11, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 657 (S.B. 1197 ), Sec. 4, eff. September 1, 2011. Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488 ), Sec. 22.060, eff. September 1, 2017.