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Texas Statutes (Last Updated: January 4, 2014) |
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PROBATE CODE |
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Chapter VIII. PROCEEDINGS DURING ADMINISTRATION |
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Part 8. PARTITION AND DISTRIBUTION OF ESTATES OF DECEDENTS |
Sec. 373. APPLICATION FOR PARTITION AND DISTRIBUTION OF ESTATES OF DECEDENTS
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(a) Who May Apply. At any time after the expiration of twelve months after the original grant of letters testamentary or of administration, the executor or administrator, or the heirs, devisees, or legatees of the estate, or any of them, may, by written application filed in the court in which the estate is pending, request the partition and distribution of the estate.
(b) Contents of Application. The application shall state:
(1) The name of the person whose estate is sought to be partitioned and distributed; and
(2) The names and residences of all persons entitled to shares of such estate, and whether adults or minors; and, if these facts be unknown to the applicant, it shall be so stated in the application; and
(3) The reasons why partition and distribution should be had.
(c) Partial Distribution. At any time after the original grant of letters testamentary or of administration, and the filing and approval of the inventory, the executor or administrator, or the heirs, devisees, or legatees of the estate, or any of them, may, by written application filed in the court in which the estate is pending, request a distribution of any portion of the estate. All interested parties shall be personally cited, as in other distributions, including known creditors. The court may upon proper citation and hearing distribute any portion of the estate it deems advisable. In the event a distribution is to be made to one or more heirs or devisees, and not to all the heirs or devisees, the court shall require a refunding bond in an amount to be determined by the court to be filed with the court and, upon its approval, the court shall order the distribution of that portion of the estate, unless such requirement is waived in writing and the waiver is filed with the court by all interested parties. This section shall apply to corpus as well as income, notwithstanding any other provisions of this Code.