Texas Estates Code Title 2, Chapter 360 - Partition And Distribution Of Estate

SUBCHAPTER A APPLICATION FOR PARTITION AND DISTRIBUTION

• Texas Section 360.001 - General Application
  (a) At any time after the first anniversary of the date original letters testamentary or of administration are granted, an executor, administrator, heir, or devisee...

SUBCHAPTER B CITATION

• Texas Section 360.002 - Application For Partial Distribution
  (a) At any time after original letters testamentary or of administration are granted and the inventory, appraisement, and list of claims are filed and approved,...
• Texas Section 360.051 - Citation Of Interested Persons
  (a) On the filing of the application, the clerk shall issue a citation that: (1) states: (A) the decedent's name; and (B) the date the...

SUBCHAPTER C PROCEEDINGS; EXPENSES

• Texas Section 360.052 - Citation Of Executor Or Administrator
  When a person other than the executor or administrator applies for partition and distribution, the executor or administrator must also be cited to appear and...
• Texas Section 360.101 - Hearing On Application
  (a) At the hearing on an application for partition and distribution, the court shall determine: (1) the residue of the estate that is subject to...
• Texas Section 360.102 - Court Decree
  If the court determines that the estate should be partitioned and distributed, the court shall enter a decree stating: (1) the name and address, if...

SUBCHAPTER D PARTITION AND DISTRIBUTION IF ESTATE PROPERTY IS

• Texas Section 360.103 - Expenses Of Partition
  (a) The distributees shall pay the expense of the estate's partition pro rata. (b) The portion of the estate allotted to a distributee is liable...
• Texas Section 360.151 - Appointment Of Commissioners
  If the estate does not consist entirely of money or debts due to the estate and the court has not previously determined that the estate...
• Texas Section 360.152 - Writ Of Partition
  (a) When commissioners are appointed under Section 360.151, the clerk shall issue a writ of partition directed to the commissioners, commanding the commissioners to: (1)...
• Texas Section 360.153 - Partition By Commissioners
  (a) The commissioners shall make a fair, just, and impartial partition and distribution of the estate in the following order and manner: (1) if the...
• Texas Section 360.154 - Commissioners' Report
  (a) After dividing all or any part of the estate, at least a majority of the commissioners shall make a written, sworn report to the...
• Texas Section 360.155 - Court Action On Commissioners' Report
  (a) On the return of a commissioners' report under Section 360.154, the court shall: (1) examine the report carefully; and (2) hear: (A) all exceptions...
• Texas Section 360.156 - Delivery Of Property
  When the commissioners' report has been approved and ordered to be recorded, the court shall order the executor or administrator to deliver to the distributees...

SUBCHAPTER E PARTITION AND DISTRIBUTION IF ESTATE PROPERTY IS INCAPABLE OF DIVISION

• Texas Section 360.157 - Commissioners' Fees
  A commissioner who partitions and distributes an estate under this subchapter is entitled to $5 for each day the commissioner necessarily engages in performing the...
• Texas Section 360.201 - Court Finding
  If, in the court's opinion, all or part of an estate is not capable of a fair and equal partition and distribution, the court shall...
• Texas Section 360.202 - Sale Of Estate Property
  (a) When the court has found that all or part of an estate is not capable of fair and equal division, the court shall order...

SUBCHAPTER F CERTAIN TYPES OF ESTATE PROPERTY

• Texas Section 360.203 - Applicability Of Provisions Relating To Sale Of Real Estate
  The provisions of this title relating to reports of sales of real estate, the giving of an increased general or additional bond on the sale...
• Texas Section 360.251 - Estate Consisting Only Of Money Or Debts
  If the estate to be distributed consists only of money or debts due to the estate, the court shall: (1) set the amount to which...
• Texas Section 360.252 - Estate Property Located In Another County
  (a) If any portion of the estate to be partitioned is located in another county and cannot be fairly partitioned without prejudice to the distributees'...
• Texas Section 360.253 - Community Property
  (a) If a spouse dies leaving community property, the surviving spouse, at any time after letters testamentary or of administration have been granted and an...

SUBCHAPTER G ENFORCEMENT

• Texas Section 360.254 - Jointly Owned Property
  (a) A person who has a joint interest with a decedent's estate in any property may apply to the court that granted letters testamentary or...
• Texas Section 360.301 - Liability For Failure To Deliver Estate Property
  (a) If an executor or administrator neglects, when demanded, to deliver a portion of an estate ordered to be delivered to a person entitled to...

Last modified: September 28, 2016