Tex. Codes » Property Code · TITLE 9. TRUSTS · SUBTITLE B. TEXAS TRUST CODE: CREATION, OPERATION, AND TERMINATION OF TRUSTS · CHAPTER 114. LIABILITIES, RIGHTS, AND REMEDIES OF TRUSTEES, BENEFICIARIES, AND THIRD PERSONS
Texas Codes

Tex. Prop. Code § 114.063 (2026)

General Right To Reimbursement

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Sec. 114.063. GENERAL RIGHT TO REIMBURSEMENT. (a) A trustee may discharge or reimburse himself from trust principal or income or partly from both for:

(1) advances made for the convenience, benefit, or protection of the trust or its property;

(2) expenses incurred while administering or protecting the trust or because of the trustee's holding or owning any of the trust property; and

(3) expenses incurred for any action taken under Section 113.025.

(b) The trustee has a lien against trust property to secure reimbursement under Subsection (a).

(c) A potential trustee is entitled to reimbursement from trust principal or income or partly from both for reasonable expenses incurred for any action taken under Section 113.025(a) if:

(1) a court orders reimbursement or the potential trustee has entered into a written agreement providing for reimbursement with the personal representative of the estate, the trustee of the trust, the settlor, the settlor's attorney-in-fact, the settlor's personal representative, or the person or entity designated in the trust instrument or will to appoint a trustee; and

(2) the potential trustee has been appointed trustee under the terms of the trust instrument or will or has received a written request to accept the trust from the settlor, the settlor's attorney-in-fact, the settlor's personal representative, or the person or entity designated in the trust instrument or will to appoint a trustee.

Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg., ch. 846, Sec. 31, eff. Sept. 1, 1993.

Notes of Decisions
Cited in 5 cases, 1999–2018 · leading case: In re Cousins, 551 S.W.3d 913 (Tex. App.—Tyler 2018).
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In re Cousins, 551 S.W.3d 913 (Tex. App.—Tyler 2018). “TEX. PROP. CODE ANN. § 114.063(a)(2) (West 2014).”
Woody K. Lesikar, Individually & as Tr. of the Woody K. Lesikar Special Trust & as Tr. of the Woodrow v. Lesikar Fam. Trust v. Carolyn Ann Lesikar Moon, Individually & as Tr. of the Carolyn Ann Lesikar Moon Special Trust, No. 01-12-00406-CV, 2014 WL 4374117 (Tex. App.—Houston [1st Dist.] Sept. 4, 2014). · cites it 2× “See TEX. PROP. CODE ANN. § 114.063 (West 2007) (providing trustee entitled to reimbursement for advances made and expenses incurred on behalf of trust).”
Moody Found. & John Cornyn v. Est. of Shearn Moody, Jr., No. 03-99-00034-CV (Tex. App.—Austin Nov. 18, 1999). · cites it 2× “" Tex. Prop. Code Ann. § 114.063 (emphasis added).”
in the Guardianship of Brandy N. Hollis, an Incapacited Person, No. 14-13-00659-CV (Tex. App.—Houston [14th Dist.] Nov. 7, 2014). “See Tex. Prop. Code § 114.063(a)(1)–(2). Compass Bank incurred expenses in the form of attorney’s fees in administering and protecting the trust, and therefore it was entitled to request reimbursement of those fees.”
Woody K. Lesikar Special Trust & Woodrow v. Lesikar Fam. Trust, Through Their Tr., Woody K. Lesikar, & the Est. of Woodrow v. Lesikar, Through Its Woody K. Lesikar v. Carolyn Ann Lesikar Moon, Individually & as Named Tr. of the Carolyn Ann Lesikar Moon Special Trust, No. 14-10-00119-CV (Tex. App.—Houston [14th Dist.] Aug. 9, 2011). “See Tex. Prop. Code Ann. § 114.063 (Vernon 2007).”
Tex. Prop. Code § 114.063(a)(1): 1 case
in the Guardianship of Brandy N. Hollis, an Incapacited Person, No. 14-13-00659-CV (Tex. App.—Houston [14th Dist.] Nov. 7, 2014). “See Tex. Prop. Code § 114.063(a)(1)–(2). Compass Bank incurred expenses in the form of attorney’s fees in administering and protecting the trust, and therefore it was entitled to request reimbursement of those fees.”
Tex. Prop. Code § 114.063(a)(2): 2 cases
In re Cousins, 551 S.W.3d 913 (Tex. App.—Tyler 2018). “TEX. PROP. CODE ANN. § 114.063(a)(2) (West 2014).”
Woody K. Lesikar, Individually & as Tr. of the Woody K. Lesikar Special Trust & as Tr. of the Woodrow v. Lesikar Fam. Trust v. Carolyn Ann Lesikar Moon, Individually & as Tr. of the Carolyn Ann Lesikar Moon Special Trust, No. 01-12-00406-CV, 2014 WL 4374117 (Tex. App.—Houston [1st Dist.] Sept. 4, 2014). “See TEX. PROP. CODE ANN. § 114.063 (West 2007) (providing trustee entitled to reimbursement for advances made and expenses incurred on behalf of trust).”
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