My question involves estate proceedings in the state of: Texas under Dependent Administration.
Among others, the deceased left intestate an U/15 undivided interest to a group of paternal and maternal heirs.
I understand that with the exception of:
1) A heir is willing to buy out the other heirs' share of Brazoria undivided interest or
2) A mutual decision by all the heirs to co-own the undivided property is agreed,
the heirs' interests do not form part of the decedent's probate estate and need a legal determination of ownership to take place in regular civil court under UPHPA Act (Texas Property Code chapter 23A). The above will not be settled - but will be activated - through the probate procedure, without the need of filing a petition for an independent partition action.
As I am a civil engineer (one of the heirs) and not a lawyer, I would like to know if my above understanding is correct or if not, what are the next steps and/or alternatives that the Probate Court might order.
Please note that the above is the only remaining issue and all the other obligations (taxes, notified creditors, claimants etc.) are settled.
Thank you in advance
Among others, the deceased left intestate an U/15 undivided interest to a group of paternal and maternal heirs.
I understand that with the exception of:
1) A heir is willing to buy out the other heirs' share of Brazoria undivided interest or
2) A mutual decision by all the heirs to co-own the undivided property is agreed,
the heirs' interests do not form part of the decedent's probate estate and need a legal determination of ownership to take place in regular civil court under UPHPA Act (Texas Property Code chapter 23A). The above will not be settled - but will be activated - through the probate procedure, without the need of filing a petition for an independent partition action.
As I am a civil engineer (one of the heirs) and not a lawyer, I would like to know if my above understanding is correct or if not, what are the next steps and/or alternatives that the Probate Court might order.
Please note that the above is the only remaining issue and all the other obligations (taxes, notified creditors, claimants etc.) are settled.
Thank you in advance
Probate Court Procedure: Inheriting an Undivided Interest
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