Texas Estates Code 360.101 – Hearing On Application
(a) At the hearing on an application for partition and distribution, the court shall determine:
(1) the residue of the estate that is subject to partition and distribution;
(2) the persons entitled by law to partition and distribution and those persons’ respective shares; and
(3) whether an advancement has been made to any of the persons described by Subdivision (2), and if so, the nature and value of the advancement.
(b) For purposes of Subsection (a)(1), the residue of the estate is determined by deducting from the entire assets of the estate remaining on hand:
(1) the amount of all debts and expenses that:
(A) have been approved or established by judgment but not paid; or
(B) may be established by judgment in the future; and
(2) the probable future expenses of administration.
Terms Used In Texas Estates Code 360.101
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Intestate: Dying without leaving a will.
(c) If an advancement described by Subsection (a)(3) has been made, the court shall require the advancement to be placed in hotchpotch as required by the law governing intestate succession.