Texas Estates Code 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 real estate is capable of being divided without manifest injury to all or any of the distributees, the commissioners shall partition and distribute the land or other property by allotting to each distributee:
(A) a share in each parcel;
(B) shares in one or more parcels; or
(C) one or more parcels separately, with or without the addition of a share of other parcels;
(2) if the real estate is not capable of a fair, just, and equal division in kind, but may be made capable of a fair, just, and equal division in kind by allotting to one or more of the distributees a proportion of the money or other personal property to supply the deficiency, the commissioners may make, as nearly as possible, an equal division of the real estate and supply the deficiency of any share from the money or other personal property; and
(3) the commissioners shall:
(A) make a like division in kind, as nearly as possible, of the money and other personal property; and
(B) determine by lot, among equal shares, to whom each share shall belong.
(b) The commissioners shall allot the land or other property under Subsection (a)(1) in the manner described by that subsection that is most in the interest of the distributees.
Terms Used In Texas Estates Code 360.153
- Distributee: means a person who is entitled to a part of the estate of a decedent under a lawful will or the statutes of descent and distribution. See Texas Estates Code 22.010
- Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Personal property: All property that is not real property.
- Personal property: includes an interest in:
(1) goods;
(2) money;
(3) a chose in action;
(4) an evidence of debt; and
(5) a real chattel. See Texas Estates Code 22.028 - Property: means real and personal property. See Texas Government Code 311.005