Sec. 377. FACTS TO BE ASCERTAINED UPON HEARING    


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  • At the hearing upon the application for partition and distribution, the court shall ascertain:

    (a) The residue of the estate subject to partition and distribution, which shall be ascertained by deducting from the entire assets of such estate remaining on hand the amount of all debts and expenses of every kind which have been approved or established by judgment, but not paid, or which may yet be established by judgment, and also the probable future expenses of administration.

    (b) The persons who are by law entitled to partition and distribution, and their respective shares.

    (c) Whether advancements have been made to any of the persons so entitled and their nature and value. If advancements have been made, the court shall require the same to be placed in hotchpotch as required by the law governing intestate succession.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.