Tex. Codes » Property Code · TITLE 9. TRUSTS · SUBTITLE B. TEXAS TRUST CODE: CREATION, OPERATION, AND TERMINATION OF TRUSTS · CHAPTER 113. ADMINISTRATION
Texas Codes

Tex. Prop. Code § 113.081 (2026)

Resignation Of Trustee

✓ current as of May 2026
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Sec. 113.081. RESIGNATION OF TRUSTEE. (a) A trustee may resign in accordance with the terms of the trust instrument, or a trustee may petition a court for permission to resign as trustee.

(b) The court may accept a trustee's resignation and discharge the trustee from the trust on the terms and conditions necessary to protect the rights of other interested persons.

Amended by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.

Notes of Decisions
Cited in 5 cases, 2010–2019 · leading case: Gamboa v. Gamboa, 383 S.W.3d 263 (Tex. App. 2012).
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Gamboa v. Gamboa, 383 S.W.3d 263 (Tex. App. 2012). · cites it 2× “After signing these documents, Carl filed them in the county records.”
Deborah Patterson Howard Goughnour v. Robert H. Patterson, Jr., Tr. of the Deborah Patterson Howard Trust (Tex. App. 2018). “TEX. PROP. CODE ANN. § 113.081 (West 2014).”
Deborah Patterson Howard Goughnour v. Robert H. Patterson, Jr., Tr. of the Deborah Patterson Howard Trust (Tex. App. 2019). “She argues that Robert made no such request in his pleadings, there was no evidence, or insufficient evidence, or law, to support an implied finding that the ruling would ensure the safety of the trust fund, and the ruling was an abuse of discretion. The trial court may accept a…”
Lois Doherty v. JPMorgan Chase Bank, N. A. (Tex. App. 2010). “I am therefore requesting that JPMorgan resign as trustee pursuant to Texas Property Code section 113.081." Eplen replied that "JPMorgan does not usually withdraw without receiving full releases, and that in this case, the bank would require a judicial release.”
Carl Martin Gamboa, Lawrence Alexander P'ship, Lawrence Alexander Inc., Med. Ctr. Sw. Ltd., Real Source Investments, Inc., Rubicon, Rubicon Med. Grp., Inc., Unicorp, Unicorp, Inc., U.S. Health Facilities Dev. Corp. v. Patricia Gamboa (Tex. App. 2012). “See TEX. PROP. CODE ANN. § 113.081(a). However, Marco never petitioned the trial court for permission to resign as trustee.”
— Tex. Prop. Code § 113.081(a) — 2 cases
Gamboa v. Gamboa, 383 S.W.3d 263 (Tex. App. 2012). “After signing these documents, Carl filed them in the county records.”
Carl Martin Gamboa, Lawrence Alexander P'ship, Lawrence Alexander Inc., Med. Ctr. Sw. Ltd., Real Source Investments, Inc., Rubicon, Rubicon Med. Grp., Inc., Unicorp, Unicorp, Inc., U.S. Health Facilities Dev. Corp. v. Patricia Gamboa (Tex. App. 2012). “See TEX. PROP. CODE ANN. § 113.081(a). However, Marco never petitioned the trial court for permission to resign as trustee.”
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