Last updated July 18, 2026
Successor trusteeship starts with the instrument: the trust’s own method selects you (court appointment is the fallback, Prop. Code s. 113.083), and from acceptance forward you carry the full duty stack — including the s. 117.006 obligation to review what you inherited and fix it. This is general information about Texas law, not legal advice.
The first 90 days
Establish authority
The trust + amendments, proof of the succession event, written acceptance, and a certification of trust for institutions that don't need the whole instrument.
Secure and retitle
Inventory the assets, take title as trustee, control the accounts, insure the property. Date-of-death values now — basis and any tax work depend on them.
Open the ledger
Fiduciary bookkeeping from day one: every transaction, its purpose, principal-vs-income allocation (ch. 116). The accounting demand's 90-day clock (s. 113.151) is answerable only if the ledger exists.
Review the portfolio (s. 117.006)
Within a reasonable time, conform the assets to the trust's purposes and the prudent-investor standard — diversification (s. 117.005) is the default expectation.
Communicate
Identify the beneficiaries, tell them where things stand, and set expectations for timing and distributions. Early transparency is cheaper than any lawsuit.
Named successor trustee? TrusteeClear turns the first 90 days into a guided sequence — authority, assets, ledger, notices — with the record built as you go.
Explore TrusteeClearGeneral information about Texas law, not legal advice, and not a substitute for the advice of an attorney. EstateDraft is software, not a law firm.
Frequently asked questions
- How does a successor trustee take over in Texas?
- By the instrument's method first: on the death, resignation, incapacity, or removal of the trustee, the successor is selected per the trust's own mechanism — and only if none works does the court appoint one on an interested person's petition (Prop. Code s. 113.083(a)). Acceptance is a real act: institutions will ask for the trust (or a certification of trust), the predecessor-event proof, and your acceptance in writing.
- What are the first duties on taking over?
- Within a reasonable time of accepting, review the trust assets and bring the portfolio into compliance with the trust's purposes and the prudent-investor standard (s. 117.006) — the inherited concentrated position is YOUR problem from acceptance. Secure and retitle assets to yourself as trustee, take control of the books, and identify the beneficiaries and their interests.
- What does the after-a-death sequence look like?
- Locate the trust and any amendments; obtain death certificates; inventory and secure assets (real property, accounts, business interests); notify the institutions and take title as successor; get date-of-death values (they drive basis and, where relevant, tax filings); coordinate with the executor if a probate estate runs alongside; open the ledger on day one; and communicate with beneficiaries early — silence is where contests grow.
- Am I liable for what the prior trustee did?
- You are accountable for the administration from YOUR acceptance (s. 114.001) — but knowingly ignoring a predecessor's breach can implicate you. The prudent entry: review the predecessor's records, get an accounting or a receipt-and-release where warranted, and document the estate of affairs you inherited.
- Can I resign later, or be removed?
- Yes — resignation per the instrument or with court approval (s. 113.081), and the court can remove a trustee for cause (s. 113.082) — a power the instrument cannot strip (s. 111.0035(b)(5)(B)). Either way, the exit runs through a final accounting and successor handoff, not a walk-away.
General information about Florida law, not legal advice.