Tex. Est. Code § 360.101 · Subchapter C. PROCEEDINGS; EXPENSES
HEARING ON APPLICATION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 partition and distribution;
(2) the persons entitled by law to partition and distribution and those persons' respective shares; and
(3) whether an advancement has been made to any of the persons described by Subdivision (2), and if so, the nature and value of the advancement.
(b) For purposes of Subsection (a)(1), the residue of the estate is determined by deducting from the entire assets of the estate remaining on hand:
(1) the amount of all debts and expenses that:
(A) have been approved or established by judgment but not paid; or
(B) may be established by judgment in the future; and
(2) the probable future expenses of administration.
(c) If an advancement described by Subsection (a)(3) has been made, the court shall require the advancement to be placed in hotchpotch as required by the law governing intestate succession.
Notes and commentary — not statutory text
History
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.360.htm
- Text hash
- sha256 15f1365f3e4da41c32e2c2e8fc3f7e52b7076464e880c21ba5f66c41f1750637
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.