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 § 113.083 (2026)

Appointment Of Successor Trustee

✓ current as of May 2026
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Sec. 113.083. APPOINTMENT OF SUCCESSOR TRUSTEE. (a) On the death, resignation, incapacity, or removal of a sole or surviving trustee, a successor trustee shall be selected according to the method, if any, prescribed in the trust instrument. If for any reason a successor is not selected under the terms of the trust instrument, a court may and on petition of any interested person shall appoint a successor in whom the trust shall vest.

(b) If a vacancy occurs in the number of trustees originally appointed under a valid charitable trust agreement and the trust agreement does not provide for filling the vacancy, the remaining trustees may fill the vacancy by majority vote.

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

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1989–2025 · leading case: Alpert v. Riley, 274 S.W.3d 277 (Tex. App. 2009).
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Alpert v. Riley, 274 S.W.3d 277 (Tex. App. 2009). · cites it 2× “Texas law prohibits the equitable rule proposed by Riley for other reasons as well. The Texas Trust Code requires adherence to the trustee selection method prescribed in the trust instrument, which necessarily forecloses the exercise of equitable discretion unless that method…”
In Re Est. of Touring, 775 S.W.2d 39 (Tex. App. 1989). · cites it 2× “, Tex.Prop.Code Ann. § 113.083 (Vernon 1984).”
Wood v. Victoria Bank & Trust Co., NA, 170 S.W.3d 885 (Tex. App. 2005). “See Tex. PROp.Code Ann. § 113.083(a) (Vernon 1995).”
Clower v. Wells Fargo Bank, N.A., 259 F.R.D. 253 (E.D. Tex. 2009). “25 (citing Tex. Prop. Code Ann. § 113.083 ). Wells Fargo argues that this Court would need to review each individual trust agreement and property involved, making the administration of the proposed class action unmanageable.”
Susan R. Waldron v. Susan R. Winking Trust & Raymond W. Cozby, III (Tex. App. 2019). “TEX. PROP. CODE ANN. § 113.083(a). Although ready and willing to be replaced, Cozby, as trustee, was obligated to continue in the performance of his duties 4 until replaced by a successor trustee.”
Brian Robert Cunningham v. Brent Cunningham (Tex. App. 2025). “See Tex. Prop. Code §§ 113.083(a) (providing that on trustee’s incapacity, “a successor trustee shall be selected according to the method, if any, prescribed in the trust instrument”), .”
Kelly Ann O'Shea Duncan v. Rita M. O'Shea, Individually & as Tr. of the Marital Deduction Trust, the Disclaimer Trust, & the Fam. Trust of John Joseph Connor O'Shea (Tex. App. 2012). “16 Kelly mentioned this remedy during her answer to the final question posed by her attorney on direct examination. 17 The Texas Trust Code requires that, on the removal of a sole trustee such as Rita, a successor trustee must be appointed by the court in accordance with the…”
Mark R. Riley v. Robert Alpert (Tex. App. 2012). “See TEX. PROP. CODE ANN. § 113.083(a) (West 2007); 274 S.”
— Tex. Prop. Code § 113.083(a) — 5 cases
Alpert v. Riley, 274 S.W.3d 277 (Tex. App. 2009). “Texas law prohibits the equitable rule proposed by Riley for other reasons as well. The Texas Trust Code requires adherence to the trustee selection method prescribed in the trust instrument, which necessarily forecloses the exercise of equitable discretion unless that method…”
Wood v. Victoria Bank & Trust Co., NA, 170 S.W.3d 885 (Tex. App. 2005). “See Tex. PROp.Code Ann. § 113.083(a) (Vernon 1995).”
Susan R. Waldron v. Susan R. Winking Trust & Raymond W. Cozby, III (Tex. App. 2019). “TEX. PROP. CODE ANN. § 113.083(a). Although ready and willing to be replaced, Cozby, as trustee, was obligated to continue in the performance of his duties 4 until replaced by a successor trustee.”
Brian Robert Cunningham v. Brent Cunningham (Tex. App. 2025). “See Tex. Prop. Code §§ 113.083(a) (providing that on trustee’s incapacity, “a successor trustee shall be selected according to the method, if any, prescribed in the trust instrument”), .”
Mark R. Riley v. Robert Alpert (Tex. App. 2012). “See TEX. PROP. CODE ANN. § 113.083(a) (West 2007); 274 S.”
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