Legal title to real property held in a Texas trust stands in the name of the trustee. The deed that moved the property into the trust names the trustee of record, and every later search of the county records starts from that name. When that trustee dies, resigns, becomes incapacitated, or is removed, the trust continues and a successor steps in, but the county records still show only the prior trustee. This form prepares the instrument Texas title practice uses to close that gap: a recordable appointment and acceptance of successor trustee for a trust holding Texas real property.

Title Follows the Trustee

Under Section 113.083 of the Texas Trust Code, a successor trustee is selected according to the method, if any, prescribed in the trust instrument, with court appointment available where the instrument supplies none. Section 113.084 then does the quiet work that matters for real estate: unless the trust instrument or a court order provides otherwise, the successor trustee has the rights, powers, authority, discretion, and title to trust property conferred on the trustee. The succession takes effect under the trust instrument and the statute, with no new deed from the old trustee to the new one. What the succession does not do on its own is appear in the county records.

One Instrument, Two Legal Acts

The form performs two acts in a single recordable document. The appointing party, the person the trust instrument authorizes to select a successor, appoints the successor trustee, reciting the trust, the prior trustee, the vacancy event, and the provision relied on. The successor trustee then accepts the trust in writing; under Section 112.009, a signature on a separate written acceptance is conclusive evidence that the person accepted the trust. Each signer acknowledges before a notary, and the acknowledgments are what make the instrument recordable: Property Code Section 12.001 provides that an instrument concerning real property may be recorded once acknowledged.

Recording as Notice, Not Effectiveness

No Texas statute requires an appointment of successor trustee to be recorded, and recording is not what makes it effective. Recording serves the title record. A title company examining the trust property years later, a purchaser tracing the chain of title, and the appraisal district adjusting its rolls all find the succession documented in the same records that hold the vesting deed. The instrument identifies the property by county, legal description, street address, and vesting instrument, so the clerk indexes it where examiners look. The confidentiality notice required by Property Code Section 11.008 appears at the top of the first page, and the layout reserves the customary space on page one for the clerk's recording stamp.

What the Package Prepares

The download includes the blank instrument as a fillable PDF, a completed example showing a realistic Travis County succession from written resignation through acceptance, and a plain language guide that walks through every numbered section: the trust, the prior trustee and the vacancy, the authority for the appointment, the parties, the property, and the operative appointment and acceptance language. The instrument does not convey the property and does not modify the trust; the guide describes those limits, along with the certification of trust that banks and title companies separately request under Property Code Section 114.086. The materials are informational and are not legal advice.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Appointment and Acceptance of Successor Trustee (Recordable)

Satisfy title company requirements for trust-held property
Transfer property to a successor trustee
Convey property from an estate to a buyer
Transfer property from a trust to a beneficiary
Transfer property as part of estate administration
Facilitate the sale of trust-held real estate

Compare other Texas deed forms and documents

General Warranty Deed (Individual Grantor) Transfer on Death Deed (Individual) Revocation of Transfer on Death Deed (Individual) Certification of Trust Affidavit of Death (Transfer on Death Deed Beneficiary) Administrator Deed (Independent Administrator) Easement Deed (Ingress and Egress) Deed Without Warranty (Individual) Enhanced Life Estate Deed (Lady Bird Deed) (Individual) Affidavit of Death of Life Tenant (Enhanced Life Estate Deed) Disclaimer of Interest by Transfer on Death Deed Beneficiary (Individual) Deed Without Warranty (Two Grantors) Transfer on Death Deed (Joint Owners with Right of Survivorship) Revocation of Transfer on Death Deed (Joint Owners) General Warranty Deed (Joint Grantors) Easement Deed (In Gross - Utility) Certification of Trust (Single Trustee) Enhanced Life Estate Deed (Lady Bird Deed) (Community Property Grantors) Gift Deed Without Warranty Gift Deed Special Warranty Transfer on Death Deed (Community Property with Right of Survivorship) Release of Easement Certification of Trust (Sworn Certification) Enhanced Life Estate (Lady Bird) Deed (Joint Owners with Right of Survivorship) Special Warranty Deed (Individual Grantor) Special Warranty Deed (Joint Grantors) Grant Deed (Individual Grantor) Grant Deed (Joint Grantors) Quitclaim Deed Correction Deed Deed Without Warranty (Signed by Attorney-in-Fact) Enhanced Life Estate Deed - Lady Bird Deed (Individual by Attorney-in-Fact) Community Property Survivorship Agreement Revocation of Community Property Survivorship Agreement General Warranty Deed (Executed by Attorney-in-Fact) Executor Deed (Independent Executor) Personal Representative Deed Under Court Order Affidavit of Heirship Heirship Deed (Special Warranty by Heirs) Disclaimer of Interest Trustee Deed Mineral Deed (General Warranty) Mineral Deed (No Warranty) Mineral Deed (Special Warranty) Royalty Deed Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Statutory Durable Power of Attorney General Warranty Deed with Vendor Lien (Individual Grantor) Demand for Payment Notice of Contractual Retainage Notice of Specially Manufactured Materials Preliminary Notice to Original Contractor Preliminary Notice to Owner and Original Contractor Affidavit of Lien Request for Information from Owner Request for Information from Subcontractor Request for Information from Original Contractor Conditional Waiver and Release on Progress Payment Conditional Waiver and Release on Final Payment Unconditional Waiver on Progress Payment Unconditional Waiver on Final Payment Release of Lien Contract for Deed Memorandum of Contract Deed of Trust and Promissory Note General Warranty Deed with Vendors Lien (Third-Party Lender) Release of Lien - by Deed of Trust and Note Appointment of Substitute Trustee for Deed of Trust Assignment of Deed of Trust Collateral Assignment of Note and Liens (Security Agreement) Release of Collateral Transfer of Note and Lien Collateral Assignment of Leases, Rents and Rights Release of Collateral Assignment of Leases and Rents Lis Pendens Lis Pendens Release

Important: County-Specific Forms

Our appointment and acceptance of successor trustee (recordable) forms are specifically formatted for each county in Texas.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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