Texas Estates Code 360.254 – Jointly Owned Property
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(a) A person who has a joint interest with a decedent‘s estate in any property may apply to the court that granted letters testamentary or of administration on the estate for a partition of the property.
(b) On application under Subsection (a), the court shall partition the property between the applicant and the decedent’s estate.
Terms Used In Texas Estates Code 360.254
- 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 - Decedent: A deceased person.
- 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 - Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Property: means real and personal property. See Texas Government Code 311.005
(c) The provisions of this title relating to the partition and distribution of an estate govern a partition under this section to the extent applicable.