Checklist for Resignation of Guardian (Texas Estates Code 1203.001). Application for resignation, state if immediate need.Sec. 201.001. RESIGNING OR DECLINING OFFICE. Under the Texas Education Code, contract employees are required to resign no later than 45 days before the first day of instruction for the school year. A personal representative who wishes to resign the representative's trust shall file a written application with the court clerk. Your employer does not have to "approve" your resignation. You are not enslaved or an indentured servant. Sec. 361.001. RESIGNATION APPLICATION. When you decide to resign, you should notify the commissioning agency in your state—typically the Secretary of State. Attach employee resignation letter to the eForm.