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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) If any portion of the estate to be partitioned is located in another county and cannot be fairly partitioned without prejudice to the distributees' interests, the commissioners may report those facts to the court in writing.
(b) On the making of a report under Subsection (a), if the court is satisfied that the property cannot be fairly divided or that the sale of the property would be more advantageous to the distributees, the court may order a sale of the property. The sale must be conducted in the manner provided by Subchapter E 1 for the sale of property that is not capable of fair and equal division.
(c) If the court is not satisfied that the property cannot be fairly and advantageously divided, or that the sale of the property would be more advantageous to the distributees, the court may appoint three or more commissioners in each county in which the property is located. If the court appoints commissioners under this subsection, the proceedings under Subchapter D 2 for partition by commissioners must be followed.
Cite this article: FindLaw.com - Texas Estates Code - EST § 360.252. Estate Property Located in Another County - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-360-252/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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