Sec. 405.008. PARTITION AND DISTRIBUTION OR SALE OF PROPERTY INCAPABLE OF DIVISION. If the will does not distribute the entire estate of the testator or provide a means for partition of the estate, or if no will was probated, the independent executor may, but may not be required to, petition the probate court for either a partition and distribution of the estate or an order of sale of any portion of the estate alleged by the independent executor and found by the court to be incapable of a fair and equal partition and distribution, or both. The estate or portion of the estate shall either be partitioned and distributed or sold, or both, in the manner provided for the partition and distribution of property and the sale of property incapable of division in supervised estates.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle I - Independent Administration
Chapter 405 - Closing and Distributions
Section 405.001. Accounting and Distribution
Section 405.0015. Distributions Generally
Section 405.002. Receipts and Releases for Distributions by Independent Executor
Section 405.003. Judicial Discharge of Independent Executor
Section 405.004. Closing Independent Administration by Closing Report or Notice of Closing Estate
Section 405.005. Closing Report
Section 405.006. Notice of Closing Estate
Section 405.007. Effect of Filing Closing Report or Notice of Closing Estate
Section 405.008. Partition and Distribution or Sale of Property Incapable of Division
Section 405.009. Closing Independent Administration on Application by Distributee
Section 405.010. Issuance of Letters