Texas Law
Probate Code


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Texas Laws | Probate Code

CHAPTER XIII. GUARDIANSHIP

PART 4. ADMINISTRATION OF GUARDIANSHIP

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SUBPART D. REVOCATION OF LETTERS, DEATH, RESIGNATION, AND REMOVAL

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Sec. 759. APPOINTMENT OF SUCCESSOR GUARDIAN. (a) In case of the death of the guardian of the person or of the estate of a ward, a personal representative of the deceased guardian shall account for, pay, and deliver to a person legally entitled to receive the property, all the property belonging to the guardianship that is entrusted to the care of the representative, at the time and in the manner as the court orders.

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Sec. 760. RESIGNATION. (a) A guardian of the estate who wishes to resign the guardian's trust shall file with the clerk a written application to the court to that effect, accompanied by a full and complete exhibit and final account, duly verified, showing the true condition of the guardianship estate entrusted to the guardian's care.

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Sec. 760A. CHANGE OF RESIDENT AGENT. (a) A guardian may change its resident agent to accept service of process in a guardianship proceeding or other matter relating to the guardianship by filing a statement of the change entitled "Designation of Successor Resident Agent" with the court in which the guardianship proceeding is pending.

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Sec. 762. REINSTATEMENT AFTER REMOVAL. (a) Not later than the 30th day after the date the court signs the order of removal, a guardian who is removed under Section 761(a)(6) or (7) of this code may file an application with the court for a hearing to determine whether the guardian should be reinstated.

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Sec. 763. ADDITIONAL POWERS OF SUCCESSOR GUARDIAN. In addition, a successor guardian may make himself, and may be made, a party to a suit prosecuted by or against the predecessor of the successor guardian.

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Sec. 764. SUBSEQUENT GUARDIANS SUCCEED TO PRIOR RIGHTS AND DUTIES. Whenever a guardian shall accept and qualify after letters of guardianship are granted on the estate, the guardian shall, in like manner, succeed to the previous guardian, and the guardian shall administer the estate in like manner as if the administration by the guardian were a continuation of the former one.

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Sec. 765. SUCCESSORS' RETURN OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS. A successor guardian who has qualified to succeed a prior guardian shall make and return to the court an inventory, appraisement, and list of claims of the estate, not later than the 30th day after the date the successor guardian qualifies as guardian, in the same manner as is required of an original appointee.

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