Texas Estates Code 1057.002 – Resignation of Resident Agent
(a) A resident agent of a guardian may resign as resident agent by giving notice to the guardian and filing with the court in which the guardianship proceeding is pending a statement titled “Resignation of Resident Agent” that states:
(1) the name of the guardian;
(2) the guardian’s address most recently known by the resident agent;
(3) that notice of the resignation has been given to the guardian and the date that notice was given; and
(4) that the guardian does not have a 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 guardian 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.
Terms Used In Texas Estates Code 1057.002
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Qualified delivery method: means delivery by:
(1) hand delivery by courier, with courier's proof of delivery receipt;
(2) certified or registered mail, return receipt requested, with return receipt; or
(3) a private delivery service designated as a designated delivery service by the United States Secretary of the Treasury under Section 7502(f)(2), Internal Revenue Code of 1986, with proof of delivery receipt. See Texas Estates Code 22.0295
(c) The resignation of the 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.