Texas Estates Code 360.155 – Court Action On Commissioners’ Report
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(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 and objections to the report; and
(B) all evidence in favor of or against the report.
(b) If the report is informal, the court shall have the informality corrected.
Terms Used In Texas Estates Code 360.155
- 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 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Property: means real and personal property. See Texas Government Code 311.005
(c) If the division appears to have been fairly made according to law and no valid exceptions are taken to the division, the court shall approve the division and enter a decree vesting title in the distributees of the distributees’ respective shares or portions of the property as set apart to the distributees by the commissioners.
(d) If the division does not appear to have been fairly made according to law or a valid exception is taken to the division, the court may:
(1) set aside the report and division; and
(2) order a new partition to be made.