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Texas Laws | Probate Code
CHAPTER VII. EXECUTORS AND ADMINISTRATORS
PART 3. REVOCATION OF LETTERS, DEATH, RESIGNATION, AND REMOVAL

(f) When Application and Service Necessary. Except when otherwise expressly provided in this Code, letters shall not be revoked and other letters granted except upon application, and after personal service of citation on the person, if living, whose letters are sought to be revoked, that he appear and show cause why such application should not be granted. (1987)

(g) Payment or Tender of Money Due During Vacancy. Money or other thing of value falling due to an estate while the office of the personal representative is vacant may be paid, delivered, or tendered to the clerk of the court for credit of the estate, and the debtor, obligor, or payor shall thereby be discharged of the obligation for all purposes to the extent and purpose of such payment or tender. If the clerk accepts such payment or tender, he shall issue a proper receipt therefor. (1988)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1969, 61st Leg., p. 1922, ch. 641, Sec. 11, eff. June 12, 1969; Acts 1993, 73rd Leg., ch. 957, Sec. 35, eff. Sept. 1, 1993. (1989)

Text of article effective until January 01, 2014 (1990)

Sec. 221. RESIGNATION. (a) Application to Resign. (1991)(Text)

A personal representative who wishes to resign his trust shall file with the clerk his 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 estate entrusted to his care. (1992)

(b) Successor Representatives. If the necessity exists, the court may immediately accept a resignation and appoint a successor, but shall not discharge the person resigning, or release him or the sureties on his bond until final order or judgment shall have been rendered on his final account. (1993)

(c) Citation. Upon the filing of an application to resign, supported by exhibit and final account, the clerk shall call the application to the attention of the judge, who shall set a date for a hearing upon the matter. The clerk shall then issue a citation to all interested persons, showing that proper application has been filed, and the time and place set for hearing, at which time said persons may appear and contest the exhibit and account. The citation shall be posted, unless the court directs that it be published. (1994)

(d) Hearing. At the time set for hearing, unless it has been continued by the court, if the court finds that citation has been duly issued and served, he shall proceed to examine such exhibit and account, and hear all evidence for and against the same, and shall, if necessary, restate, and audit and settle the same. If the court is satisfied that the matters entrusted to the applicant have been handled and accounted for in accordance with law, he shall enter an order of approval, and require that the estate remaining in the possession of the applicant, if any, be delivered to the person or persons entitled by law to receive it. (1995)

(e) Requisites of Discharge. No resigning personal representative shall be discharged until the application has been heard, the exhibit and account examined, settled, and approved, and until he has satisfied the court that he has delivered the estate, if there be any remaining in his possession, or has complied with all lawful orders of the court with relation to his trust. (1996)

(f) Final Discharge. When the resigning applicant has complied in all respects with the orders of the court, an order shall be made accepting the resignation, discharging the applicant, and, if he is under bond, his sureties. (1997)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1993, 73rd Leg., ch. 957, Sec. 36, eff. Sept. 1, 1993. (1998)

Text of article effective until January 01, 2014 (1999)

Sec. 221A. CHANGE OF RESIDENT AGENT. (a) A personal representative may change its resident agent to accept service of process in a probate proceeding or other action relating to the estate by filing a statement of the change titled "Designation of Successor Resident Agent" with the court in which the probate proceeding is pending. (2000)(Text)

The statement must contain the names and addresses of the: (2001)

(1) personal representative; (2002)

(2) resident agent; and (2003)

(3) successor resident agent. (2004)

(b) The designation of a successor resident agent made in a statement filed under this section takes effect on the date on which the statement is filed with the court. (2005)

Added by Acts 1999, 76th Leg., ch. 855, Sec. 7, eff. Sept. 1, 1999. (2006)

Text of article effective until January 01, 2014 (2007)

(1) contains the name of the personal representative; (2008)

(2) contains the address of the personal representative most recently known by the resident agent; (2009)

(3) states that notice of the resignation has been given to the personal representative and that the personal representative has not designated a successor resident agent; and (2010)

(4) contains the date on which the notice of the resignation was given to the personal representative. (2011)

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