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

Tex. Prop. Code § 113.151

Demand For Accounting

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Sec. 113.151. DEMAND FOR ACCOUNTING. (a) A beneficiary by written demand may request the trustee to deliver to each beneficiary of the trust a written statement of accounts covering all transactions since the last accounting or since the creation of the trust, whichever is later. If the trustee fails or refuses to deliver the statement on or before the 90th day after the date the trustee receives the demand or after a longer period ordered by a court, any beneficiary of the trust may file suit to compel the trustee to deliver the statement to all beneficiaries of the trust. The court may require the trustee to deliver a written statement of account to all beneficiaries on finding that the nature of the beneficiary's interest in the trust or the effect of the administration of the trust on the beneficiary's interest is sufficient to require an accounting by the trustee. However, the trustee is not obligated or required to account to the beneficiaries of a trust more frequently than once every 12 months unless a more frequent accounting is required by the court. If a beneficiary is successful in the suit to compel a statement under this section, the court may, in its discretion, award all or part of the costs of court and all of the suing beneficiary's reasonable and necessary attorney's fees and costs against the trustee in the trustee's individual capacity or in the trustee's capacity as trustee.

(b) An interested person may file suit to compel the trustee to account to the interested person. The court may require the trustee to deliver a written statement of account to the interested person on finding that the nature of the interest in the trust of, the claim against the trust by, or the effect of the administration of the trust on the interested person is sufficient to require an accounting by the trustee.

Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984. Amended by Acts 2003, 78th Leg., ch. 550, Sec. 3, eff. Sept. 1, 2003.

Notes of Decisions
Cited in 35 cases (9 in the last 5 years), 1986–2026 · leading case: Rogers v. Ardella Veigel Inter Vivos Trust No. 2
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Rogers v. Ardella Veigel Inter Vivos Trust No. 2 (2005) texapp · cites it 2× “” Tex. PROP. Code Ann. § 113.151 (a) (Vernon Supp.”
Huie v. DeShazo (1996) tex “See also Tex.PROP.Code § 113.151(a) (requiring trustee to account to beneficiaries for all trust transactions).”
Grinnell v. Munson (2004) texapp “See Tex. PROp.Code Ann. § 113.151 (Vernon Supp.”
Soefje v. Jones (2008) texapp “2, § 2 (current version at Tex. Prop.Code Ann. § 113.151(a) (Vernon 2007)).”
Faulkner v. Bost (2004) texapp “The court may require the trustee to deliver a written statement of account to the interested person after finding that the nature of the interest in the trust of the interested person is sufficient to require an accounting by the trustee.”
Moody v. Pitts (1986) texapp “See TEX. PROPERTY CODE ANN. §§ 113.151(b) and 111.”
Tomlinson v. Tomlinson (1998) texapp “Tex. Prop.Code ANN. § 113.151 (Vernon 1995).”
Woods v. McCarty (2020) arizctapp · cites it 11× “Whether Michele is a remainder beneficiary is not dispositive. Although a remainder beneficiary is a “beneficiary” under Texas law, see Tex.”
Darrell Williams, in His Capacity as Trustee As Independent of the Estate of Thea Elaine Williams-Douglas And Individual (2022) texapp · cites it 3× “” 2 See Tex. Prop. Code §§ 113.151(a) (authorizing beneficiary to request “written statement of accounts covering all transactions since the last accounting or since the creation of the trust, whichever is later”), .”
Victor Hilderbran, Homer Ray Smith, Ramon Castro, Dean Paret and Brad Bradley v. Texas Southwest Council Inc., Boy Scout (2024) texapp · cites it 3× “See TEX. PROP. CODE ANN. §§ 113.151, 114.001.”
Estate of C.E. Erwin (2021) texapp · cites it 2× “See TEX. PROP. CODE ANN. § 113.151(a). E. Appellants’ Traditional and No-Evidence Partial Motion for Summary Judgment On April 22, 2020, appellants filed a motion for partial summary judgment on certain claims.”
in the Matter of Bumstead Family Irrevocable Trust (2022) texapp · cites it 2× “See TEX. PROP. CODE ANN. § 113.151. Ultimately, Kathryn testified that the beneficiaries filed suit, in part, because they had no other way to obtain information regarding the family’s assets.”
Show all 35 citing cases →
— Tex. Prop. Code § 113.151(a) — 14 cases
Huie v. DeShazo (1996) tex “See also Tex.PROP.Code § 113.151(a) (requiring trustee to account to beneficiaries for all trust transactions).”
Rogers v. Ardella Veigel Inter Vivos Trust No. 2 (2005) texapp “” Tex. PROP. Code Ann. § 113.151 (a) (Vernon Supp.”
Soefje v. Jones (2008) texapp “2, § 2 (current version at Tex. Prop.Code Ann. § 113.151(a) (Vernon 2007)).”
Woods v. McCarty (2020) arizctapp “Whether Michele is a remainder beneficiary is not dispositive. Although a remainder beneficiary is a “beneficiary” under Texas law, see Tex.”
Darrell Williams, in His Capacity as Trustee As Independent of the Estate of Thea Elaine Williams-Douglas And Individual (2022) texapp “” 2 See Tex. Prop. Code §§ 113.151(a) (authorizing beneficiary to request “written statement of accounts covering all transactions since the last accounting or since the creation of the trust, whichever is later”), .”
— Tex. Prop. Code § 113.151(b) — 6 cases
Faulkner v. Bost (2004) texapp “The court may require the trustee to deliver a written statement of account to the interested person after finding that the nature of the interest in the trust of the interested person is sufficient to require an accounting by the trustee.”
Moody v. Pitts (1986) texapp “See TEX. PROPERTY CODE ANN. §§ 113.151(b) and 111.”
Woods v. McCarty (2020) arizctapp “Whether Michele is a remainder beneficiary is not dispositive. Although a remainder beneficiary is a “beneficiary” under Texas law, see Tex.”
David Herbig, Trustee of the Welch Family Trust C v. Jeanne Manry Welch, Trustee of the Welch Manry Family Trust (2023) texapp
Victor Hilderbran, Homer Ray Smith, Ramon Castro, Dean Paret and Brad Bradley v. Texas Southwest Council Inc., Boy Scout (2024) texapp “See TEX. PROP. CODE ANN. §§ 113.151, 114.001.”
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