Texas Estates Code § 56.002. Resignation of Resident Agent

(a) A resident agent of a personal representative may resign as resident agent by giving notice to the representative and filing with the court in which the probate proceeding is pending a statement titled “Resignation of Resident Agent” that states:

(1) the name of the representative;

(2) the representative's address most recently known by the resident agent;

(3) that notice of the resignation has been given to the representative and the date that notice was given;  and

(4) that the representative has not designated a successor resident agent.

(b) The resident agent shall send, by certified mail, return receipt requested, a copy of a resignation statement filed under Subsection (a) to:

(1) the personal representative at the address most recently known by the resident agent;  and

(2) each party in the case or the party's attorney or other designated representative of record.

(c) The resignation of a resident agent takes effect on the date the court enters an order accepting the resignation.  A court may not enter an order accepting the resignation unless the resident agent complies with this section.


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