Severance of common and undivided real property held by heirs or devisees and another person: Procedure.
1. When partition of real property among heirs or devisees is required, and such real property is in common and undivided with the real property of any other person, the commissioners shall first divide and sever the property of the decedent from the property in which it lies in common, and such division, so made and established by the court, is binding upon all the interested persons.
2. The court may authorize the personal representative to bring an action for such partition when deemed necessary.
Last modified: February 25, 2006