Texas Estates Code 361.005 – Requirements for Discharge
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(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 § 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.
Terms Used In Texas Estates Code 361.005
- 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 - Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - personal representative: include :
(1) an executor and independent executor;
(2) an administrator, independent administrator, and temporary administrator; and
(3) a successor to an executor or administrator listed in Subdivision (1) or (2). See Texas Estates Code 22.031 - Property: means real and personal property. See Texas Government Code 311.005