Sec. 361.005. REQUIREMENTS FOR DISCHARGE  


Latest version.
  • (a) A personal representative applying to resign may not be discharged until:

    (1) the resignation application has been heard;

    (2) the exhibit and final account required under Section 361.001 have been examined, settled, and approved; and

    (3) the applicant has satisfied the court that the applicant has:

    (A) delivered any estate property remaining in the applicant's possession; or

    (B) complied with all lawful orders of the court with relation to the applicant's trust as representative.

    (b) When a personal representative applying to resign has fully complied with the orders of the court, the court shall enter an order:

    (1) accepting the resignation; and

    (2) discharging the applicant, and, if the applicant is under bond, the applicant's sureties.

Added by Acts 2009, 81st Leg., R.S., Ch. 680 , Sec. 1, eff. January 1, 2014.