Estate Law Questions? Ask an Estate Lawyer.
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Are you wanting to make application for probate here or what?
Here are forms for you to file your petition in probate court
Land can be divided through a partition in kind or a partition by sale. A partition in kind physically divides the property by carving out a piece for each party. A partition by sale orders a sale of the property at auction, and the parties divide the proceeds from the sale. The division of the proceeds or land depends on the type of tenancy the parties held the property in. If they were joint tenants, they have to share the land equally. If they were tenants in common, they will split the partition according to each person’s ownership interest.
A partition in kind is a division of the property itself, whereas partition by sale constitutes a forced sale of the land, followed by division of the profits thus realized among the owners of the real estate. A common example of the partition by sale occurs when more than one person inherits a house or building.
A Real Estate Partition often occurs after heirs or beneficiaries inherit a house or other real estate that cannot be divided.
This is you r remedy here in Texas to seek court ordered sale and division of funds after expenses.
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