Trust Administration in Arlington, TX

Guidance for Trustees & Beneficiaries in Tarrant County

Trust administration begins where trust creation ends. Once a trustor passes away, someone must step in to manage assets, satisfy debts, pay taxes, and distribute property to beneficiaries while following the trust document and Texas law. That responsibility falls on the trustee, and it carries real legal weight. Beneficiaries, meanwhile, have enforceable rights throughout the process. We work with both sides, helping trustees fulfill their obligations and helping beneficiaries understand what they’re owed.

Texas trust law is primarily governed by the Texas Property Code, specifically Chapters 111 through 117, which make up the Texas Trust Code. These provisions define what trustees must do, what beneficiaries can demand, and what courts can order when something goes wrong.

If you’re administering a trust or you’re a beneficiary with questions about one, contact our Arlington, TX office for a no-risk consultation. Call (817) 381-9292 or reach us through the contact form on this site.

A Trustee’s Legal Duties Under Texas Law

Serving as a trustee isn’t just a title. Texas law imposes a fiduciary duty, meaning the trustee must act in the best interests of the beneficiaries, not their own. That duty runs through every decision made during administration.

Good Faith & Prudent Investment

The good-faith standard is the baseline: a trustee must administer the trust according to its terms and, where the document is silent, follow the duties imposed by Texas common law. Investment decisions carry their own standard. Under Property Code Chapter 117, Texas adopted the Uniform Prudent Investor Act, which requires trustees to diversify investments, evaluate the portfolio as a whole, and weigh the trust’s purposes alongside beneficiary needs and broader economic conditions.

Self-Dealing Prohibition & Consequences

Self-dealing is prohibited. Texas Trust Code Sections 113.052 through 113.057 bar a trustee from purchasing trust assets for themselves, selling personal assets to the trust, or borrowing trust funds without express authorization in the trust document. A breach of fiduciary duty can expose a trustee to a damages lawsuit or removal from office. Under Section 113.082(3), a court can remove a trustee who fails to provide an accounting required by law or by the trust’s own terms.

Successor trustees stepping into the role after the original trustee steps down or passes away face the same duties from day one. We help newly appointed trustees understand what those duties require in practice before problems arise.

Beneficiary Rights to Trust Accountings in Texas

Beneficiaries aren’t passive recipients. Texas law gives them the right to know how trust assets are being managed and distributed.

How to Demand an Accounting

A beneficiary can make a written demand for an accounting at any time. Once that demand is made, the trustee has 90 days to provide a written accounting covering all transactions since the last accounting or the trust’s creation, whichever is more recent. The required elements of a proper accounting are set out in Texas Trust Code Section 113.152. A trustee can’t be required to account more frequently than once every 12 months unless a court orders otherwise.

What Texas Law Does & Does Not Require

One gap worth knowing: Texas doesn’t require a trustee to notify beneficiaries when a trust is created, becomes irrevocable, or gets a new trustee. Most states that have adopted the Uniform Trust Code require 60-day notice in those situations. Texas hasn’t. That said, the common-law duty to keep beneficiaries of an irrevocable trust reasonably informed can’t be eliminated by the trust document for beneficiaries age 25 or older who are entitled to distributions.

Whether you’re a beneficiary trying to understand what you’re entitled to receive or a trustee working to satisfy your accounting obligations, we can walk through the specifics with you.

Why Arlington Trustees & Beneficiaries Work With Law Office of Marilyn D. Garner

Trust administration questions don’t stay abstract for long. Deadlines approach, family dynamics complicate decisions, and the gap between what a trust document says and what Texas law requires isn’t always obvious. We bring more than 30 years of experience in estate planning and probate matters to every administration engagement, along with the AV Preeminent rating from Martindale-Hubbell, reflecting our standing among fellow attorneys for both legal ability and ethical standards.

Our familiarity with the Tarrant County Probate Court system means we understand how trust matters move through the local courts when disputes or court petitions become necessary. That familiarity matters when a trustee needs a court order or a beneficiary needs to compel an accounting. We don’t apply a single template to every trust situation. A corporate trustee administering a complex investment trust has different needs than a surviving spouse named as successor trustee for the first time, and we tailor our guidance to the actual document, the actual assets, and the people involved.

Start with a No-Risk Consultation

Administration disputes and trustee missteps are easier to prevent than to correct. Whether you’re a trustee trying to administer a trust correctly or a beneficiary who hasn’t received the information or distributions you believe you’re owed, we’re ready to help. We offer a no-risk consultation for trust administration matters so you leave the conversation with a clearer picture of your rights and obligations under Texas law and what your next steps should be.

Contact Law Office of Marilyn D. Garner today to schedule your consultation. Call (817) 381-9292 or use the contact form on this site to reach our Arlington, TX office.