§ 221B. Resignation of Resident Agent

221B. Resignation of Resident Agent

(a) A resident agent of a personal representative may resign as the resident agent by giving notice to the personal representative and filing with the court in which the probate proceeding is pending a statement titled “Resignation of Resident Agent” that:

(1) contains the name of the personal representative;

(2) contains the address of the personal representative most recently known by the resident agent;

(3) states that notice of the resignation has been given to the personal representative and that the personal representative has not designated a successor resident agent; and

(4) contains the date on which the notice of the resignation was given to the personal representative.

(b) The resident agent shall send, by certified mail, return receipt requested, a copy of a resignation statement filed under Subsection (a) of this section to:

(1) the personal representative at the address most recently known by the 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 on which the court enters an order accepting the agent's resignation. A court may not enter an order accepting the agent's resignation unless the agent complies with the requirements of this section.