2025 Texas Statutes
Estates Code
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle B - Procedural Matters
Chapter 56 - Change and Resignation of Resident Agent of Personal Representative for Service of Process
Section 56.002. Resignation of Resident Agent
Sec. 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 a qualified delivery method, 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 7, eff. September 1, 2023.
