Texas Estates Code 360.152 – Writ of Partition
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(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) proceed promptly to make the partition and distribution in accordance with the court decree; and
(2) return the writ, with the commissioners’ proceedings under the writ, on a date stated in the writ.
(b) A copy of the court decree must accompany the writ.
Terms Used In Texas Estates Code 360.152
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(c) The writ must be served by:
(1) delivering the writ and the accompanying copy of the court decree to one of the commissioners; and
(2) notifying the other commissioners, verbally or otherwise, of the commissioners’ appointment.
(d) Service under Subsection (c) may be made by any person.