Texas Probate Code - Section 760. Resignation
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§ 760. RESIGNATION. (a) A guardian of the estate who
wishes to resign the guardian's trust shall file with the clerk a
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 guardianship estate entrusted to the
guardian's care. A guardian of the person who wishes to resign the
guardian's trust shall file with the clerk a written application to
the court to that effect, accompanied by a report setting forth the
information required in the annual report required under this
chapter, duly verified, showing the condition of the ward entrusted
to the guardian's care.
(b) If the necessity exists, the court may immediately
accept a resignation and appoint a successor but may not discharge
the person resigning as guardian of the estate or release the person
or the sureties on the person's bond until final order or judgment
is rendered on the final account of the guardian.
(c) On the filing of an application to resign, supported by
an exhibit and final account, the clerk shall call the application
to the attention of the judge, who shall set a date for a hearing on
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 the interested persons
may appear and contest the exhibit and account or report. The
citation shall be posted, unless the court directs that it be
published.
(d) 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, the court shall proceed to examine the
exhibit and account or report and hear all evidence for and against
the exhibit, account, or report and shall, if necessary, restate,
and audit and settle the exhibit, account, or report. If the court
is satisfied that the matters entrusted to the applicant have been
handled and accounted for in accordance with the law, the court
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 entitled by law to receive it. A guardian of the
person is required to comply with all orders of the court concerning
the ward of the guardian.
(e) A resigning guardian may not be discharged until the
application has been heard, the exhibit and account or report
examined, settled, and approved, and the guardian has satisfied the
court that the guardian has delivered the estate, if there is any
part of the estate remaining in the possession of the guardian, or
has complied with all orders of the court with relation to the
guardian's trust.
(f) When the resigning guardian has complied in all respects
with the orders of the court, an order shall be made accepting the
resignation, discharging the applicant, and, if the applicant is
under bond, the sureties of the guardian.
(g) The court at any time may order a resigning guardian who
has all or part of the estate of a ward to deliver all or part of the
ward's estate to a person who has been appointed and has qualified
as successor guardian.
Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 1039, § 49, eff. Sept. 1,
1995.
Section: 753 754 755 756 757 758 759 760 760A 760B 761 762 763 764 765
Last modified: August 11, 2007
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